Bill Text: MI HB5757 | 2017-2018 | 99th Legislature | Introduced


Bill Title: Appropriations; school aid; executive recommendation; provide for omnibus appropriations for school aid, higher education, and community colleges. Amends secs. 6, 11, 11a, 11j, 11k, 11m, 11s, 15, 18, 19, 20, 20d, 20f, 20m, 21f, 21h, 22a, 22b, 22d, 22m, 22n, 24, 24a, 24c, 25e, 25f, 25g, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 35a, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 54b, 56, 61a, 61b, 62, 64b, 67, 74, 81, 94, 94a, 98, 99h, 99r, 99s, 104c, 107, 147, 147a, 147b, 147c, 147e, 152a, 160, 163, 166b, 201, 206, 207a, 207b, 207c, 209, 210b, 217, 225, 226, 229a, 236, 236b, 236c, 241, 242, 245, 252, 256, 263, 264, 265, 265a, 267, 268, 269, 270, 274c, 276, 277, 278, 279, 280, 281, 282, 289 & 296 of 1979 PA 94 (MCL 388.1606 et seq.); adds secs. 23f, 54c, 54d, 61d, 210e & 265b & repeals secs. 21j, 22g, 31b, 31j, 32q, 35, 55, 61c, 64d, 65, 67a, 95b, 99k, 99t, 99u, 102d, 104d, 104e, 152b, 164g, 164h, 201a, 208, 212, 227, 228, 236a, 261, 271a, 274 & 275 of 1979 PA 94 (MCL 388.1621j et seq.).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-04-10 - Bill Electronically Reproduced 03/22/2018 [HB5757 Detail]

Download: Michigan-2017-HB5757-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 5757

 

 

March 22, 2018, Introduced by Rep. Cox and referred to the Committee on Appropriations.

 

       A bill to amend 1979 PA 94, entitled

 

"The state school aid act of 1979,"

 

by amending sections 6, 11, 11a, 11j, 11k, 11m, 11s, 15, 18, 19, 20, 20d, 20f, 20m,

 

21f, 21h, 22a, 22b, 22d, 22m, 22n, 24, 24a, 24c, 25e, 25f, 25g, 26a, 26b, 26c, 31a,

 

31d, 31f, 32d, 32p, 35a, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 54b, 56, 61a, 61b, 62,

 

64b, 67, 74, 81, 94, 94a, 98, 99h, 99r, 99s, 104c, 107, 147, 147a, 147b, 147c, 147e,

 

152a, 160, 163, 166b, 201, 206, 207a, 207b, 207c, 209, 210b, 217, 225, 226, 229a, 236,

 

236b, 236c, 241, 242, 245, 252, 256, 263, 264, 265, 265a, 267, 268, 269, 270, 274c,

 

276, 277, 278, 279, 280, 281, 282, 289, and 296 (MCL 388.1606, 388.1611, 388.1611a,

 

388.1611j, 388.1611k, 388.1611m, 388.1611s, 388.1615, 388.1618, 388.1619, 388.1620,

 

388.1620d, 388.1620f, 388.1620m, 388.1621f, 388.1621h, 388.1622a, 388.1622b,

 

388.1622d, 388.1622m, 388.1622n, 388.1624, 388.1624a, 388.1624c, 388.1625e, 388.1625f,

 


388.1625g, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631d, 388.1631f,

 

388.1632d, 388.1632p, 388.1635a, 388.1639, 388.1639a, 388.1641, 388.1651a, 388.1651c,

 

388.1651d, 388.1653a, 388.1654, 388.1654b, 388.1656, 388.1661a, 388.1661b, 388.1662,

 

388.1664b, 388.1667, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1698, 388.1699h,

 

388.1699r, 388.1699s, 388.1704c, 388.1707, 388.1747, 388.1747a, 388.1747b, 388.1747c,

 

388.1747e, 388.1752a, 388.1760, 388.1763, 388.1766b, 388.1801, 388.1806, 388.1807a,

 

388.1807b, 388.1807c, 388.1809, 388.1810b, 388.1817, 388.1825, 388.1826, 388.1829a,

 

388.1836, 388.1836b, 388.1836c, 388.1841, 388.1842, 388.1845, 388.1852, 388.1856,

 

388.1863, 388.1864, 388.1865, 388.1865a, 388.1867, 388.1868, 388.1869, 388.1870,

 

388.1874c, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882,

 

388.1889, and 388.1896) sections 6, 11a, 11j, 11k, 11m, 11s, 15, 18, 20, 20d, 20f,

 

20m, 22a, 22b, 22d, 24, 24a, 24c, 25f, 25g, 26a, 26b, 26c, 31d, 31f, 32p, 39, 39a, 41,

 

51a, 51c, 51d, 53a, 54, 54b, 56, 61a, 61b, 62, 64b, 67, 74, 81, 94, 94a, 98, 99s, 147,

 

147b, 147c, 152a, 201, 206, 207a, 207b, 207c, 209, 210b, 217, 225, 226, 229a, 236,

 

236b, 236c, 241, 245, 252, 256, 263, 264, 265, 265a, 267, 268, 269, 270, 274c, 276,

 

277, 278, 279, 280, 281, and 282 as amended and 21h, 22m, 22n, 147e, and 160 as added

 

by 2017 PA 108, sections 11, 21f, 25e, 31a, 32d, 35a, 99h, 99r, 104c, 107, 147a, and

 

166b as amended by 2017 PA 143, section 19 as amended by 2016 PA 533, section 163 as

 

amended by 2015 PA 85, section 242 as amended by 2012 PA 201, section 289 as amended

 

by 2013 PA 60, section 296 as added by 2011 PA 62, and by adding sections 23f, 54c,

 

54d, 61d, 210e, and 265b; and to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

ARTICLE I

 

       Sec. 6. (1) "Center program" means a program operated by a district or by an

 

intermediate district for special education pupils from several districts in programs

 

for pupils with autism spectrum disorder, pupils with severe cognitive impairment,

 

pupils with moderate cognitive impairment, pupils with severe multiple impairments,

 


pupils with hearing impairment, pupils with visual impairment, and pupils with

 

physical impairment or other health impairment. Programs for pupils with emotional

 

impairment housed in buildings that do not serve regular education pupils also

 

qualify. Unless otherwise approved by the department, a center program either shall

 

serve all constituent districts within an intermediate district or shall serve several

 

districts with less than 50% of the pupils residing in the operating district. In

 

addition, special education center program pupils placed part-time in noncenter

 

programs to comply with the least restrictive environment provisions of section 612 of

 

part B of the individuals with disabilities education act, 20 USC 1412, may be

 

considered center program pupils for pupil accounting purposes for the time scheduled

 

in either a center program or a noncenter program.

 

       (2) "District and high school graduation rate" means the annual completion and

 

pupil dropout rate that is calculated by the center pursuant to nationally recognized

 

standards.

 

       (3) "District and high school graduation report" means a report of the number of

 

pupils, excluding adult education participants, in the district for the immediately

 

preceding school year, adjusted for those pupils who have transferred into or out of

 

the district or high school, who leave high school with a diploma or other credential

 

of equal status.

 

       (4) "Membership", except as otherwise provided in this article, means for a

 

district, a public school academy, or an intermediate district the sum of the product

 

of .90 times the number of full-time equated pupils in grades K to 12 actually

 

enrolled and in regular daily attendance on the pupil membership count day for the

 

current school year, plus the product of .10 times the final audited count from the

 

supplemental count day for the immediately preceding school year. A district's, public

 

school academy's, or intermediate district's membership shall be adjusted as provided

 

under section 25e for pupils who enroll after the pupil membership count day in a


strict discipline academy operating under sections 1311b to 1311m of the revised

 

school code, MCL 380.1311b to 380.1311m. However, for a district that is a community

 

district, "membership" means the sum of the product of .90 times the number of full-

 

time equated pupils in grades K to 12 actually enrolled and in regular daily

 

attendance in the community district on the pupil membership count day for the current

 

school year, plus the product of .10 times the sum of the final audited count from the

 

supplemental count day of pupils in grades K to 12 actually enrolled and in regular

 

daily attendance in the community district for the immediately preceding school year

 

plus the final audited count from the supplemental count day of pupils in grades K to

 

12 actually enrolled and in regular daily attendance in the education achievement

 

system for the immediately preceding school year. All pupil counts used in this

 

subsection are as determined by the department and calculated by adding the number of

 

pupils registered for attendance plus pupils received by transfer and minus pupils

 

lost as defined by rules promulgated by the superintendent, and as corrected by a

 

subsequent department audit. The amount of the foundation allowance for a pupil in

 

membership is determined under section 20. In making the calculation of membership,

 

all of the following, as applicable, apply to determining the membership of a

 

district, a public school academy, or an intermediate district:

 

       (a) Except as otherwise provided in this subsection, and pursuant to subsection

 

(6), a pupil shall be counted in membership in the pupil's educating district or

 

districts. An individual pupil shall not be counted for more than a total of 1.0 full-

 

time equated membership.

 

       (b) If a pupil is educated in a district other than the pupil's district of

 

residence, if the pupil is not being educated as part of a cooperative education

 

program, if the pupil's district of residence does not give the educating district its

 

approval to count the pupil in membership in the educating district, and if the pupil

 

is not covered by an exception specified in subsection (6) to the requirement that the


educating district must have the approval of the pupil's district of residence to

 

count the pupil in membership, the pupil shall not be counted in membership in any

 

district.

 

       (c) A special education pupil educated by the intermediate district shall be

 

counted in membership in the intermediate district.

 

       (d) A pupil placed by a court or state agency in an on-grounds program of a

 

juvenile detention facility, a child caring institution, or a mental health

 

institution, or a pupil funded under section 53a, shall be counted in membership in

 

the district or intermediate district approved by the department to operate the

 

program.

 

       (e) A pupil enrolled in the Michigan Schools for the Deaf and Blind shall be

 

counted in membership in the pupil's intermediate district of residence.

 

       (f) A pupil enrolled in a career and technical education program supported by a

 

millage levied over an area larger than a single district or in an area vocational-

 

technical education program established pursuant to section 690 of the revised school

 

code, MCL 380.690, shall be counted only in the pupil's district of residence.

 

       (g) A pupil enrolled in a public school academy shall be counted in membership in

 

the public school academy.

 

       (h) For the purposes of this section and section 6a, for a cyber school, as

 

defined in section 551 of the revised school code, MCL 380.551, that is in compliance

 

with section 553a of the revised school code, MCL 380.553a, a pupil's participation in

 

the cyber school's educational program is considered regular daily attendance, and for

 

a district or public school academy, a pupil's participation in a virtual course as

 

defined in section 21f is considered regular daily attendance.

 

       (i) For a new district or public school academy beginning its operation after

 

December 31, 1994, membership for the first 2 full or partial fiscal years of

 

operation shall be determined as follows:


       (i) If operations begin before the pupil membership count day for the fiscal

 

year, membership is the average number of full-time equated pupils in grades K to 12

 

actually enrolled and in regular daily attendance on the pupil membership count day

 

for the current school year and on the supplemental count day for the current school

 

year, as determined by the department and calculated by adding the number of pupils

 

registered for attendance on the pupil membership count day plus pupils received by

 

transfer and minus pupils lost as defined by rules promulgated by the superintendent,

 

and as corrected by a subsequent department audit, plus the final audited count from

 

the supplemental count day for the current school year, and dividing that sum by 2.

 

       (ii) If operations begin after the pupil membership count day for the fiscal year

 

and not later than the supplemental count day for the fiscal year, membership is the

 

final audited count of the number of full-time equated pupils in grades K to 12

 

actually enrolled and in regular daily attendance on the supplemental count day for

 

the current school year.

 

       (j) If a district is the authorizing body for a public school academy, then, in

 

the first school year in which pupils are counted in membership on the pupil

 

membership count day in the public school academy, the determination of the district's

 

membership shall exclude from the district's pupil count for the immediately preceding

 

supplemental count day any pupils who are counted in the public school academy on that

 

first pupil membership count day who were also counted in the district on the

 

immediately preceding supplemental count day.

 

       (k) For an extended school year program approved by the superintendent, a pupil

 

enrolled, but not scheduled to be in regular daily attendance, on a pupil membership

 

count day, shall be counted in membership.

 

       (l) To be counted in membership, a pupil shall meet the minimum age requirement

 

to be eligible to attend school under section 1147 of the revised school code, MCL

 

380.1147, or shall be enrolled under subsection (3) of that section, and shall be less


than 20 years of age on September 1 of the school year except as follows:

 

       (i) A special education pupil who is enrolled and receiving instruction in a

 

special education program or service approved by the department, who does not have a

 

high school diploma, and who is less than 26 years of age as of September 1 of the

 

current school year shall be counted in membership.

 

       (ii) A pupil who is determined by the department to meet all of the following may

 

be counted in membership:

 

       (A) Is enrolled in a public school academy or an alternative education high

 

school diploma program, that is primarily focused on educating pupils with extreme

 

barriers to education, such as being homeless as defined under 42 USC 11302.

 

       (B) Had dropped out of school.

 

       (C) Is less than 22 years of age as of September 1 of the current school year.

 

       (iii) If a child does not meet the minimum age requirement to be eligible to

 

attend school for that school year under section 1147 of the revised school code, MCL

 

380.1147, but will be 5 years of age not later than December 1 of that school year,

 

the district may count the child in membership for that school year if the parent or

 

legal guardian has notified the district in writing that he or she intends to enroll

 

the child in kindergarten for that school year.

 

       (m) An individual who has achieved a high school diploma shall not be counted in

 

membership. An individual who has achieved a high school equivalency certificate shall

 

not be counted in membership unless the individual is a student with a disability as

 

defined in R 340.1702 of the Michigan Administrative Code. An individual participating

 

in a job training program funded under former section 107a or a jobs program funded

 

under former section 107b, administered by the department of talent and economic

 

development, or participating in any successor of either of those 2 programs, shall

 

not be counted in membership.

 

       (n) If a pupil counted in membership in a public school academy is also educated


by a district or intermediate district as part of a cooperative education program, the

 

pupil shall be counted in membership only in the public school academy unless a

 

written agreement signed by all parties designates the party or parties in which the

 

pupil shall be counted in membership, and the instructional time scheduled for the

 

pupil in the district or intermediate district shall be included in the full-time

 

equated membership determination under subdivision (q) and section 101. However, for

 

pupils receiving instruction in both a public school academy and in a district or

 

intermediate district but not as a part of a cooperative education program, the

 

following apply:

 

       (i) If the public school academy provides instruction for at least 1/2 of the

 

class hours required under section 101, the public school academy shall receive as its

 

prorated share of the full-time equated membership for each of those pupils an amount

 

equal to 1 times the product of the hours of instruction the public school academy

 

provides divided by the number of hours required under section 101 for full-time

 

equivalency, and the remainder of the full-time membership for each of those pupils

 

shall be allocated to the district or intermediate district providing the remainder of

 

the hours of instruction.

 

       (ii) If the public school academy provides instruction for less than 1/2 of the

 

class hours required under section 101, the district or intermediate district

 

providing the remainder of the hours of instruction shall receive as its prorated

 

share of the full-time equated membership for each of those pupils an amount equal to

 

1 times the product of the hours of instruction the district or intermediate district

 

provides divided by the number of hours required under section 101 for full-time

 

equivalency, and the remainder of the full-time membership for each of those pupils

 

shall be allocated to the public school academy.

 

       (o) An individual less than 16 years of age as of September 1 of the current

 

school year who is being educated in an alternative education program shall not be


counted in membership if there are also adult education participants being educated in

 

the same program or classroom.

 

       (p) The department shall give a uniform interpretation of full-time and part-time

 

memberships.

 

       (q) The number of class hours used to calculate full-time equated memberships

 

shall be consistent with section 101. In determining full-time equated memberships for

 

pupils who are enrolled in a postsecondary institution, a pupil shall not be

 

considered to be less than a full-time equated pupil solely because of the effect of

 

his or her postsecondary enrollment, including necessary travel time, on the number of

 

class hours provided by the district to the pupil.

 

       (r) Full-time equated memberships for pupils in kindergarten shall be determined

 

by dividing the number of instructional hours scheduled and provided per year per

 

kindergarten pupil by the same number used for determining full-time equated

 

memberships for pupils in grades 1 to 12. However, to the extent allowable under

 

federal law, for a district or public school academy that provides evidence

 

satisfactory to the department that it used federal title I money in the 2 immediately

 

preceding school fiscal years to fund full-time kindergarten, full-time equated

 

memberships for pupils in kindergarten shall be determined by dividing the number of

 

class hours scheduled and provided per year per kindergarten pupil by a number equal

 

to 1/2 the number used for determining full-time equated memberships for pupils in

 

grades 1 to 12. The change in the counting of full-time equated memberships for pupils

 

in kindergarten that took effect for 2012-2013 is not a mandate.

 

       (s) For a district or a public school academy that has pupils enrolled in a grade

 

level that was not offered by the district or public school academy in the immediately

 

preceding school year, the number of pupils enrolled in that grade level to be counted

 

in membership is the average of the number of those pupils enrolled and in regular

 

daily attendance on the pupil membership count day and the supplemental count day of


the current school year, as determined by the department. Membership shall be

 

calculated by adding the number of pupils registered for attendance in that grade

 

level on the pupil membership count day plus pupils received by transfer and minus

 

pupils lost as defined by rules promulgated by the superintendent, and as corrected by

 

subsequent department audit, plus the final audited count from the supplemental count

 

day for the current school year, and dividing that sum by 2.

 

       (t) A pupil enrolled in a cooperative education program may be counted in

 

membership in the pupil's district of residence with the written approval of all

 

parties to the cooperative agreement.

 

       (u) If, as a result of a disciplinary action, a district determines through the

 

district's alternative or disciplinary education program that the best instructional

 

placement for a pupil is in the pupil's home or otherwise apart from the general

 

school population, if that placement is authorized in writing by the district

 

superintendent and district alternative or disciplinary education supervisor, and if

 

the district provides appropriate instruction as described in this subdivision to the

 

pupil at the pupil's home or otherwise apart from the general school population, the

 

district may count the pupil in membership on a pro rata basis, with the proration

 

based on the number of hours of instruction the district actually provides to the

 

pupil divided by the number of hours required under section 101 for full-time

 

equivalency. For the purposes of this subdivision, a district shall be considered to

 

be providing appropriate instruction if all of the following are met:

 

       (i) The district provides at least 2 nonconsecutive hours of instruction per week

 

to the pupil at the pupil's home or otherwise apart from the general school population

 

under the supervision of a certificated teacher.

 

       (ii) The district provides instructional materials, resources, and supplies that

 

are comparable to those otherwise provided in the district's alternative education

 

program.


       (iii) Course content is comparable to that in the district's alternative

 

education program.

 

       (iv) Credit earned is awarded to the pupil and placed on the pupil's transcript.

 

       (v) If a pupil was enrolled in a public school academy on the pupil membership

 

count day, if the public school academy's contract with its authorizing body is

 

revoked or the public school academy otherwise ceases to operate, and if the pupil

 

enrolls in a district within 45 days after the pupil membership count day, the

 

department shall adjust the district's pupil count for the pupil membership count day

 

to include the pupil in the count.

 

       (w) For a public school academy that has been in operation for at least 2 years

 

and that suspended operations for at least 1 semester and is resuming operations,

 

membership is the sum of the product of .90 times the number of full-time equated

 

pupils in grades K to 12 actually enrolled and in regular daily attendance on the

 

first pupil membership count day or supplemental count day, whichever is first,

 

occurring after operations resume, plus the product of .10 times the final audited

 

count from the most recent pupil membership count day or supplemental count day that

 

occurred before suspending operations, as determined by the superintendent.

 

       (x) If a district's membership for a particular fiscal year, as otherwise

 

calculated under this subsection, would be less than 1,550 pupils and the district has

 

4.5 or fewer pupils per square mile, as determined by the department, and if the

 

district does not receive funding under section 22d(2), the district's membership

 

shall be considered to be the membership figure calculated under this subdivision. If

 

a district educates and counts in its membership pupils in grades 9 to 12 who reside

 

in a contiguous district that does not operate grades 9 to 12 and if 1 or both of the

 

affected districts request the department to use the determination allowed under this

 

sentence, the department shall include the square mileage of both districts in

 

determining the number of pupils per square mile for each of the districts for the


purposes of this subdivision. The membership figure calculated under this subdivision

 

is the greater of the following:

 

       (i) The average of the district's membership for the 3-fiscal-year period ending

 

with that fiscal year, calculated by adding the district's actual membership for each

 

of those 3 fiscal years, as otherwise calculated under this subsection, and dividing

 

the sum of those 3 membership figures by 3.

 

       (ii) The district's actual membership for that fiscal year as otherwise

 

calculated under this subsection.

 

       (y) Full-time equated memberships for special education pupils who are not

 

enrolled in kindergarten but are enrolled in a classroom program under R 340.1754 of

 

the Michigan Administrative Code shall be determined by dividing the number of class

 

hours scheduled and provided per year by 450. Full-time equated memberships for

 

special education pupils who are not enrolled in kindergarten but are receiving early

 

childhood special education services under R 340.1755 or R 340.1862 of the Michigan

 

Administrative Code shall be determined by dividing the number of hours of service

 

scheduled and provided per year per-pupil by 180.

 

       (z) A pupil of a district that begins its school year after Labor Day who is

 

enrolled in an intermediate district program that begins before Labor Day shall not be

 

considered to be less than a full-time pupil solely due to instructional time

 

scheduled but not attended by the pupil before Labor Day.

 

       (aa) For the first year in which a pupil is counted in membership on the pupil

 

membership count day in a middle college program, the membership is the average of the

 

full-time equated membership on the pupil membership count day and on the supplemental

 

count day for the current school year, as determined by the department. If a pupil

 

described in this subdivision was counted in membership by the operating district on

 

the immediately preceding supplemental count day, the pupil shall be excluded from the

 

district's immediately preceding supplemental count for the purposes of determining


the district's membership.

 

       (bb) A district or public school academy that educates a pupil who attends a

 

United States Olympic Education Center may count the pupil in membership regardless of

 

whether or not the pupil is a resident of this state.

 

       (cc) A pupil enrolled in a district other than the pupil's district of residence

 

pursuant to section 1148(2) of the revised school code, MCL 380.1148, shall be counted

 

in the educating district.

 

       (dd) For a pupil enrolled in a dropout recovery program that meets the

 

requirements of section 23a, the pupil shall be counted as 1/12 of a full-time equated

 

membership for each month that the district operating the program reports that the

 

pupil was enrolled in the program and was in full attendance. However, if the special

 

membership counting provisions under this subdivision and the operation of the other

 

membership counting provisions under this subsection result in a pupil being counted

 

as more than 1.0 FTE in a fiscal year, the payment made for the pupil under sections

 

22a and 22b shall not be based on more than 1.0 FTE for that pupil, and any portion of

 

an FTE for that pupil that exceeds 1.0 shall instead be paid under section 25g. The

 

district operating the program shall report to the center the number of pupils who

 

were enrolled in the program and were in full attendance for a month not later than 30

 

days after the end of the month. A district shall not report a pupil as being in full

 

attendance for a month unless both of the following are met:

 

       (i) A personalized learning plan is in place on or before the first school day of

 

the month for the first month the pupil participates in the program.

 

       (ii) The pupil meets the district's definition under section 23a of satisfactory

 

monthly progress for that month or, if the pupil does not meet that definition of

 

satisfactory monthly progress for that month, the pupil did meet that definition of

 

satisfactory monthly progress in the immediately preceding month and appropriate

 

interventions are implemented within 10 school days after it is determined that the


pupil does not meet that definition of satisfactory monthly progress.

 

       (ee) A pupil participating in a virtual course under section 21f shall be counted

 

in membership in the district enrolling the pupil.

 

       (ff) If a public school academy that is not in its first or second year of

 

operation closes at the end of a school year and does not reopen for the next school

 

year, the department shall adjust the membership count of the district or other public

 

school academy in which a former pupil of the closed public school academy enrolls and

 

is in regular daily attendance for the next school year to ensure that the district or

 

other public school academy receives the same amount of membership aid for the pupil

 

as if the pupil were counted in the district or other public school academy on the

 

supplemental count day of the preceding school year.

 

       (gg) If a special education pupil is expelled under section 1311 or 1311a of the

 

revised school code, MCL 380.1311 and 380.1311a, and is not in attendance on the pupil

 

membership count day because of the expulsion, and if the pupil remains enrolled in

 

the district and resumes regular daily attendance during that school year, the

 

district's membership shall be adjusted to count the pupil in membership as if he or

 

she had been in attendance on the pupil membership count day.

 

       (hh) A pupil enrolled in a community district shall be counted in membership in

 

the community district.

 

       (ii) A part-time pupil enrolled in a nonpublic school in grades K to 12 in

 

accordance with section 166b shall not be counted as more than 0.75 of a full-time

 

equated membership.

 

       (jj) A district that borders another state or a public school academy that

 

operates at least grades 9 to 12 and is located within 20 miles of a border with

 

another state may count in membership a pupil who is enrolled in a course at a college

 

or university that is located in the bordering state and within 20 miles of the border

 

with this state if all of the following are met:


       (i) The pupil would meet the definition of an eligible student under the

 

postsecondary enrollment options act, 1996 PA 160, MCL 388.511 to 388.524, if the

 

course were an eligible course under that act.

 

       (ii) The course in which the pupil is enrolled would meet the definition of an

 

eligible course under the postsecondary enrollment options act, 1996 PA 160, MCL

 

388.511 to 388.524, if the course were provided by an eligible postsecondary

 

institution under that act.

 

       (iii) The department determines that the college or university is an institution

 

that, in the other state, fulfills a function comparable to a state university or

 

community college, as those terms are defined in section 3 of the postsecondary

 

enrollment options act, 1996 PA 160, MCL 388.513, or is an independent nonprofit

 

degree-granting college or university.

 

       (iv) The district or public school academy pays for a portion of the pupil's

 

tuition at the college or university in an amount equal to the eligible charges that

 

the district or public school academy would pay to an eligible postsecondary

 

institution under the postsecondary enrollment options act, 1996 PA 160, MCL 388.511

 

to 388.524, as if the course were an eligible course under that act.

 

       (v) The district or public school academy awards high school credit to a pupil

 

who successfully completes a course as described in this subdivision.

 

       (kk) A pupil enrolled in a middle college program may be counted for more than a

 

total of 1.0 full-time equated membership if the pupil is enrolled in more than the

 

minimum number of instructional days and hours required under section 101 and the

 

pupil is expected to complete the 5-year program with both a high school diploma and

 

at least 60 transferable college credits or is expected to earn an associate's degree

 

in fewer than 5 years.

 

       (5) "Public school academy" means that term as defined in section 5 of the

 

revised school code, MCL 380.5.


       (6) "Pupil" means an individual in membership in a public school. A district must

 

have the approval of the pupil's district of residence to count the pupil in

 

membership, except approval by the pupil's district of residence is not required for

 

any of the following:

 

       (a) A nonpublic part-time pupil enrolled in grades K 1 to 12 in accordance with

 

section 166b.

 

       (b) A pupil receiving 1/2 or less of his or her instruction in a district other

 

than the pupil's district of residence.

 

       (c) A pupil enrolled in a public school academy.

 

       (d) A pupil enrolled in a district other than the pupil's district of residence

 

under an intermediate district schools of choice pilot program as described in section

 

91a or former section 91 if the intermediate district and its constituent districts

 

have been exempted from section 105.

 

       (e) A pupil enrolled in a district other than the pupil's district of residence

 

if the pupil is enrolled in accordance with section 105 or 105c.

 

       (f) A pupil who has made an official written complaint or whose parent or legal

 

guardian has made an official written complaint to law enforcement officials and to

 

school officials of the pupil's district of residence that the pupil has been the

 

victim of a criminal sexual assault or other serious assault, if the official

 

complaint either indicates that the assault occurred at school or that the assault was

 

committed by 1 or more other pupils enrolled in the school the pupil would otherwise

 

attend in the district of residence or by an employee of the district of residence. A

 

person who intentionally makes a false report of a crime to law enforcement officials

 

for the purposes of this subdivision is subject to section 411a of the Michigan penal

 

code, 1931 PA 328, MCL 750.411a, which provides criminal penalties for that conduct.

 

As used in this subdivision:

 

       (i) "At school" means in a classroom, elsewhere on school premises, on a school


bus or other school-related vehicle, or at a school-sponsored activity or event

 

whether or not it is held on school premises.

 

       (ii) "Serious assault" means an act that constitutes a felony violation of

 

chapter XI of the Michigan penal code, 1931 PA 328, MCL 750.81 to 750.90h, or that

 

constitutes an assault and infliction of serious or aggravated injury under section

 

81a of the Michigan penal code, 1931 PA 328, MCL 750.81a.

 

       (g) A pupil whose district of residence changed after the pupil membership count

 

day and before the supplemental count day and who continues to be enrolled on the

 

supplemental count day as a nonresident in the district in which he or she was

 

enrolled as a resident on the pupil membership count day of the same school year.

 

       (h) A pupil enrolled in an alternative education program operated by a district

 

other than his or her district of residence who meets 1 or more of the following:

 

       (i) The pupil has been suspended or expelled from his or her district of

 

residence for any reason, including, but not limited to, a suspension or expulsion

 

under section 1310, 1311, or 1311a of the revised school code, MCL 380.1310, 380.1311,

 

and 380.1311a.

 

       (ii) The pupil had previously dropped out of school.

 

       (iii) The pupil is pregnant or is a parent.

 

       (iv) The pupil has been referred to the program by a court.

 

       (i) A pupil enrolled in the Michigan Virtual School, for the pupil's enrollment

 

in the Michigan Virtual School.

 

       (j) A pupil who is the child of a person who works at the district or who is the

 

child of a person who worked at the district as of the time the pupil first enrolled

 

in the district but who no longer works at the district due to a workforce reduction.

 

As used in this subdivision, "child" includes an adopted child, stepchild, or legal

 

ward.

 

       (k) An expelled pupil who has been denied reinstatement by the expelling district


and is reinstated by another school board under section 1311 or 1311a of the revised

 

school code, MCL 380.1311 and 380.1311a.

 

       (l) A pupil enrolled in a district other than the pupil's district of residence

 

in a middle college program if the pupil's district of residence and the enrolling

 

district are both constituent districts of the same intermediate district.

 

       (m) A pupil enrolled in a district other than the pupil's district of residence

 

who attends a United States Olympic Education Center.

 

       (n) A pupil enrolled in a district other than the pupil's district of residence

 

pursuant to section 1148(2) of the revised school code, MCL 380.1148.

 

       (o) A pupil who enrolls in a district other than the pupil's district of

 

residence as a result of the pupil's school not making adequate yearly progress under

 

the no child left behind act of 2001, Public Law 107-110, or the every student

 

succeeds act, Public Law 114-95.

 

However, except for pupils enrolled in the youth challenge program at the site at

 

which the youth challenge program operated for 2015-2016, if a district educates

 

pupils who reside in another district and if the primary instructional site for those

 

pupils is established by the educating district after 2009-2010 and is located within

 

the boundaries of that other district, the educating district must have the approval

 

of that other district to count those pupils in membership.

 

       (7) "Pupil membership count day" of a district or intermediate district means:

 

       (a) Except as provided in subdivision (b), the first Wednesday in October each

 

school year or, for a district or building in which school is not in session on that

 

Wednesday due to conditions not within the control of school authorities, with the

 

approval of the superintendent, the immediately following day on which school is in

 

session in the district or building.

 

       (b) For a district or intermediate district maintaining school during the entire

 

school year, the following days:


       (i) Fourth Wednesday in July.

 

       (ii) First Wednesday in October.

 

       (iii) Second Wednesday in February.

 

       (iv) Fourth Wednesday in April.

 

       (8) "Pupils in grades K to 12 actually enrolled and in regular daily attendance"

 

means pupils in grades K to 12 in attendance and receiving instruction in all classes

 

for which they are enrolled on the pupil membership count day or the supplemental

 

count day, as applicable. Except as otherwise provided in this subsection, a pupil who

 

is absent from any of the classes in which the pupil is enrolled on the pupil

 

membership count day or supplemental count day and who does not attend each of those

 

classes during the 10 consecutive school days immediately following the pupil

 

membership count day or supplemental count day, except for a pupil who has been

 

excused by the district, shall not be counted as 1.0 full-time equated membership. A

 

pupil who is excused from attendance on the pupil membership count day or supplemental

 

count day and who fails to attend each of the classes in which the pupil is enrolled

 

within 30 calendar days after the pupil membership count day or supplemental count day

 

shall not be counted as 1.0 full-time equated membership. In addition, a pupil who was

 

enrolled and in attendance in a district, intermediate district, or public school

 

academy before the pupil membership count day or supplemental count day of a

 

particular year but was expelled or suspended on the pupil membership count day or

 

supplemental count day shall only be counted as 1.0 full-time equated membership if

 

the pupil resumed attendance in the district, intermediate district, or public school

 

academy within 45 days after the pupil membership count day or supplemental count day

 

of that particular year. Pupils not counted as 1.0 full-time equated membership due to

 

an absence from a class shall be counted as a prorated membership for the classes the

 

pupil attended. For purposes of this subsection, "class" means a period of time in 1

 

day when pupils and a certificated teacher or legally qualified AN INDIVIDUAL WORKING


UNDER A VALID substitute teacher PERMIT, AUTHORIZATION, OR APPROVAL ISSUED BY THE

 

DEPARTMENT are together and instruction is taking place.

 

       (9) "Rule" means a rule promulgated pursuant to the administrative procedures act

 

of 1969, 1969 PA 306, MCL 24.201 to 24.328.

 

       (10) "The revised school code" means 1976 PA 451, MCL 380.1 to 380.1852.

 

       (11) "School district of the first class", "first class school district", and

 

"district of the first class" mean, for the purposes of this article only, a district

 

that had at least 40,000 pupils in membership for the immediately preceding fiscal

 

year.

 

       (12) "School fiscal year" means a fiscal year that commences July 1 and continues

 

through June 30.

 

       (13) "State board" means the state board of education.

 

       (14) "Superintendent", unless the context clearly refers to a district or

 

intermediate district superintendent, means the superintendent of public instruction

 

described in section 3 of article VIII of the state constitution of 1963.

 

       (15) "Supplemental count day" means the day on which the supplemental pupil count

 

is conducted under section 6a.

 

       (16) "Tuition pupil" means a pupil of school age attending school in a district

 

other than the pupil's district of residence for whom tuition may be charged to the

 

district of residence. Tuition pupil does not include a pupil who is a special

 

education pupil, a pupil described in subsection (6)(c) to (o), or a pupil whose

 

parent or guardian voluntarily enrolls the pupil in a district that is not the pupil's

 

district of residence. A pupil's district of residence shall not require a high school

 

tuition pupil, as provided under section 111, to attend another school district after

 

the pupil has been assigned to a school district.

 

       (17) "State school aid fund" means the state school aid fund established in

 

section 11 of article IX of the state constitution of 1963.


       (18) "Taxable value" means the taxable value of property as determined under

 

section 27a of the general property tax act, 1893 PA 206, MCL 211.27a.

 

       (19) "Textbook" means a book, electronic book, or other instructional print or

 

electronic resource that is selected and approved by the governing board of a district

 

and that contains a presentation of principles of a subject, or that is a literary

 

work relevant to the study of a subject required for the use of classroom pupils, or

 

another type of course material that forms the basis of classroom instruction.

 

       (20) "Total state aid" or "total state school aid" means the total combined

 

amount of all funds due to a district, intermediate district, or other entity under

 

this article.

 

       Sec. 11. (1) For the fiscal year ending September 30, 2017, there is appropriated

 

for the public schools of this state and certain other state purposes relating to

 

education the sum of $12,069,644,300.00 from the state school aid fund, the sum of

 

$179,100,000.00 from the general fund, an amount not to exceed $72,000,000.00 from the

 

community district education trust fund created under section 12 of the Michigan trust

 

fund act, 2000 PA 489, MCL 12.262, and an amount not to exceed $100.00 from the water

 

emergency reserve fund. For the fiscal year ending September 30, 2018, 2019, there is

 

appropriated for the public schools of this state and certain other state purposes

 

relating to education the sum of $12,547,270,300.00 $12,762,325,200.00 from the state

 

school aid fund, the sum of $215,000,000.00 $45,000,000.00 from the general fund, an

 

amount not to exceed $72,000,000.00 from the community district education trust fund

 

created under section 12 of the Michigan trust fund act, 2000 PA 489, MCL 12.262, an

 

amount not to exceed $23,100,000.00 $31,900,000.00 from the MPSERS retirement

 

obligation reform reserve fund, and an amount not to exceed $100.00 from the water

 

emergency reserve fund. In addition, all available federal funds are appropriated each

 

fiscal year for the fiscal years YEAR ending September 30, 2017 and September 30, 2018

 

2019.


       (2) The appropriations under this section shall be allocated as provided in this

 

article. Money appropriated under this section from the general fund shall be expended

 

to fund the purposes of this article before the expenditure of money appropriated

 

under this section from the state school aid fund.

 

       (3) Any general fund allocations under this article that are not expended by the

 

end of the state fiscal year are transferred to the school aid stabilization fund

 

created under section 11a.

 

       Sec. 11a. (1) The school aid stabilization fund is created as a separate account

 

within the state school aid fund established by section 11 of article IX of the state

 

constitution of 1963.

 

       (2) The state treasurer may receive money or other assets from any source for

 

deposit into the school aid stabilization fund. The state treasurer shall deposit into

 

the school aid stabilization fund all of the following:

 

       (a) Unexpended and unencumbered state school aid fund revenue for a fiscal year

 

that remains in the state school aid fund as of the bookclosing for that fiscal year.

 

       (b) Money statutorily dedicated to the school aid stabilization fund.

 

       (c) Money appropriated to the school aid stabilization fund.

 

       (3) Money available in the school aid stabilization fund may not be expended

 

without a specific appropriation from the school aid stabilization fund. Money in the

 

school aid stabilization fund shall be expended only for purposes for which state

 

school aid fund money may be expended.

 

       (4) The state treasurer shall direct the investment of the school aid

 

stabilization fund. The state treasurer shall credit to the school aid stabilization

 

fund interest and earnings from fund investments.

 

       (5) Money in the school aid stabilization fund at the close of a fiscal year

 

shall remain in the school aid stabilization fund and shall not lapse to the

 

unreserved school aid fund balance or the general fund.


       (6) If the maximum amount appropriated under section 11 from the state school aid

 

fund for a fiscal year exceeds the amount available for expenditure from the state

 

school aid fund for that fiscal year, there is appropriated from the school aid

 

stabilization fund to the state school aid fund an amount equal to the projected

 

shortfall as determined by the department of treasury, but not to exceed available

 

money in the school aid stabilization fund. If the money in the school aid

 

stabilization fund is insufficient to fully fund an amount equal to the projected

 

shortfall, the state budget director shall notify the legislature as required under

 

section 296(2) and state payments in an amount equal to the remainder of the projected

 

shortfall shall be prorated in the manner provided under section 296(3).

 

       (7) For 2016-2017 and for 2017-2018, 2018-2019 in addition to the appropriations

 

in section 11, there is appropriated from the school aid stabilization fund to the

 

state school aid fund the amount necessary to fully fund the allocations under this

 

article.

 

       Sec. 11j. From the appropriation in section 11, there is allocated an amount not

 

to exceed $125,500,000.00 for 2017-2018 2018-2019 for payments to the school loan bond

 

redemption fund in the department of treasury on behalf of districts and intermediate

 

districts. Notwithstanding section 296 or any other provision of this act, funds

 

allocated under this section are not subject to proration and shall be paid in full.

 

       Sec. 11k. For 2017-2018, 2018-2019, there is appropriated from the general fund

 

to the school loan revolving fund an amount equal to the amount of school bond loans

 

assigned to the Michigan finance authority, not to exceed the total amount of school

 

bond loans held in reserve as long-term assets. As used in this section, "school loan

 

revolving fund" means that fund created in section 16c of the shared credit rating

 

act, 1985 PA 227, MCL 141.1066c.

 

       Sec. 11m. From the appropriation in section 11, there is allocated for 2016-2017

 

an amount not to exceed $5,500,000.00 and there is allocated for 2017-2018 2018-2019


an amount not to exceed $6,500,000.00 $24,000,000.00 for fiscal year cash-flow

 

borrowing costs solely related to the state school aid fund established by section 11

 

of article IX of the state constitution of 1963.

 

       Sec. 11s. (1) From the general fund appropriation in section 11, there is

 

allocated $10,142,500.00 for 2016-2017 and there is allocated $8,730,000.00

 

$3,230,000.00 for 2017-2018 2018-2019 for the purpose of providing services and

 

programs to children who reside within the boundaries of a district with the majority

 

of its territory located within the boundaries of a city for which an executive

 

proclamation of emergency is issued in the current or immediately preceding 2 3 fiscal

 

years under the emergency management act, 1976 PA 390, MCL 30.401 to 30.421, AND FOR

 

THE DEPARTMENT TO IMPLEMENT AND ADMINISTER GRANTS AWARDED FOR, OR TO PROVIDE SERVICES

 

FOR THESE CHILDREN. From the funding appropriated in section 11, there is allocated

 

for each fiscal year for 2016-2017 and for 2017-2018 2018-2019 $100.00 from the water

 

emergency reserve fund for the purposes of this section.

 

       (2) From the allocation in subsection (1), there is allocated to a district with

 

the majority of its territory located within the boundaries of a city in which an

 

executive proclamation of emergency is issued in the current or immediately preceding

 

2 3 fiscal years and that has at least 4,500 pupils in membership for the 2016-2017

 

fiscal year or has at least 4,000 pupils in membership for a fiscal year after 2016-

 

2017, an amount not to exceed $1,292,500.00 for 2016-2017 and an amount not to exceed

 

$2,625,000.00 $2,375,000.00 for 2017-2018 2018-2019 for the purpose of employing

 

school nurses and school social workers. The district shall provide a report to the

 

department in a form, manner, and frequency prescribed by the department. The

 

department shall provide a copy of that report to the governor, the house and senate

 

school aid subcommittees, the house and senate fiscal agencies, and the state budget

 

director within 5 days after receipt. The report shall provide at least the following

 

information:


       (a) How many personnel were hired using the funds allocated under this

 

subsection.

 

       (b) A description of the services provided to pupils by those personnel.

 

       (c) How many pupils received each type of service identified in subdivision (b).

 

       (d) Any other information the department considers necessary to ensure that the

 

children described in subsection (1) received appropriate levels and types of

 

services.

 

       (3) From the allocation in subsection (1), there is allocated to an intermediate

 

district that has a constituent district described in subsection (2) an amount not to

 

exceed $1,195,000.00 for 2016-2017 and an amount not to exceed $2,500,000.00 for 2017-

 

2018 to augment staff for the purpose of providing additional early childhood services

 

and for nutritional services to children described in subsection (1), regardless of

 

location of school of attendance. For 2016-2017, the early childhood services to be

 

provided under this subsection are state early intervention services as described in

 

subsection (4) and early literacy services. Beginning with 2017-2018, the early

 

childhood services to be provided under this subsection are state early intervention

 

services that are similar to the services described in the early on Michigan state

 

plan, including ensuring that all children described in subsection (1) who are less

 

than 4 years of age as of September 1, 2016 are assessed and evaluated at least twice

 

annually. In addition, funds allocated under this subsection may also be expended to

 

provide informational resources to parents, educators, and the community, and to

 

coordinate services with other local agencies. The intermediate district shall provide

 

a report to the department in a form, manner, and frequency approved by the

 

department. The department shall provide a copy of that report to the governor, the

 

house and senate school aid subcommittees, the house and senate fiscal agencies, and

 

the state budget director within 5 days after receipt. The report shall provide at

 

least the following information:


       (a) How many personnel were hired using the funds appropriated in this

 

subsection.

 

       (b) A description of the services provided to children by those personnel.

 

       (c) What types of additional nutritional services were provided.

 

       (d) How many children received each type of service identified in subdivisions

 

(b) and (c).

 

       (e) What types of informational resources and coordination efforts were provided.

 

       (f) Any other information the department considers necessary to ensure that the

 

children described in subsection (1) received appropriate levels and types of

 

services.

 

       (4) For 2016-2017 only, from the allocation in subsection (1), there is allocated

 

an amount not to exceed $6,155,000.00 to intermediate districts described in

 

subsection (3) to provide state early intervention services for children described in

 

subsection (1) who are less than 4 years of age as of September 1, 2016. The

 

intermediate district shall use these funds to provide state early intervention

 

services that are similar to the services described in the early on Michigan state

 

plan, including ensuring that all children described in subsection (1) who are less

 

than 4 years of age as of September 1, 2016 are assessed and evaluated at least twice

 

annually.

 

       (5) From the allocation in subsection (1), there is allocated an amount not to

 

exceed $1,500,000.00 for 2016-2017 and an amount not to exceed $3,000,000.00 for 2017-

 

2018 to intermediate districts described in subsection (3) to enroll children

 

described in subsection (1) in school-day great start readiness programs, regardless

 

of household income eligibility requirements contained in section 39. The department

 

shall administer this funding consistent with all other provisions of the great start

 

readiness programs contained in section 32d and section 39.

 

       (3) (6) For 2017-2018, 2018-2019, from the allocation in subsection (1), there is


allocated an amount not to exceed $605,000.00 for nutritional services to children

 

described in subsection (1).

 

       (4) (7) In addition to other funding allocated and appropriated in this section,

 

there is appropriated an amount not to exceed $15,000,000.00 each fiscal year for

 

2016-2017 and 2017-2018 FOR FISCAL YEAR 2018-2019 for state restricted contingency

 

funds. These contingency funds are not available for expenditure until they have been

 

transferred to a section within this article under section 393(2) of the management

 

and budget act, 1984 PA 431, MCL 18.1393.

 

       (5) (8) Notwithstanding section 17b, payments under this section shall be paid on

 

a schedule determined by the department.

 

       Sec. 15. (1) If a district or intermediate district fails to receive its proper

 

apportionment, the department, upon satisfactory proof that the district or

 

intermediate district was entitled justly, shall apportion the deficiency in the next

 

apportionment. Subject to subsections (2) and (3), if a district or intermediate

 

district has received more than its proper apportionment, the department, upon

 

satisfactory proof, shall deduct the excess in the next apportionment. Notwithstanding

 

any other provision in this article, state aid overpayments to a district, other than

 

overpayments in payments for special education or special education transportation,

 

may be recovered from any payment made under this article other than a special

 

education or special education transportation payment, from the proceeds of a loan to

 

the district under the emergency municipal loan act, 1980 PA 243, MCL 141.931 to

 

141.942, or from the proceeds of millage levied or pledged under section 1211 of the

 

revised school code, MCL 380.1211. State aid overpayments made in special education or

 

special education transportation payments may be recovered from subsequent special

 

education or special education transportation payments, from the proceeds of a loan to

 

the district under the emergency municipal loan act, 1980 PA 243, MCL 141.931 to

 

141.942, or from the proceeds of millage levied or pledged under section 1211 of the


revised school code, MCL 380.1211.

 

       (2) If the result of an audit conducted by or for the department affects the

 

current fiscal year membership, affected payments shall be adjusted in the current

 

fiscal year. A deduction due to an adjustment made as a result of an audit conducted

 

by or for the department, or as a result of information obtained by the department

 

from the district, an intermediate district, the department of treasury, or the office

 

of auditor general, shall be deducted from the district's apportionments when the

 

adjustment is finalized. At the request of the district and upon the district

 

presenting evidence satisfactory to the department of the hardship, the department may

 

grant up to an additional 9 4 years for the adjustment and may advance payments to the

 

district otherwise authorized under this article if the district would otherwise

 

experience a significant hardship in satisfying its financial obligations. At the

 

request of a district and upon the district presenting evidence satisfactory to the

 

department of the hardship, the department may waive all or a portion of the

 

adjustments under this subsection if the department determines that all of the

 

following apply:

 

       (a) The district would otherwise experience a significant hardship in satisfying

 

its financial obligations.

 

       (b) The district would otherwise experience a significant hardship in satisfying

 

its responsibility to provide instruction to its pupils.

 

       © The district has taken sufficient corrective action to ensure that the

 

circumstance or circumstances that necessitated the adjustment under this subsection

 

do not recur.

 

       (3) If, based on an audit by the department or the department’s designee or

 

because of new or updated information received by the department, the department

 

determines that the amount paid to a district or intermediate district under this

 

article for the current fiscal year or a prior fiscal year was incorrect, the


department shall make the appropriate deduction or payment in the district’s or

 

intermediate district’s allocation in the next apportionment after the adjustment is

 

finalized. The deduction or payment shall be calculated according to the law in effect

 

in the fiscal year in which the incorrect amount was paid. If the district does not

 

receive an allocation for the fiscal year or if the allocation is not sufficient to

 

pay the amount of any deduction, the amount of any deduction otherwise applicable

 

shall be satisfied from the proceeds of a loan to the district under the emergency

 

municipal loan act, 1980 PA 243, MCL 141.931 to 141.942, or from the proceeds of

 

millage levied or pledged under section 1211 of the revised school code, MCL 380.1211,

 

as determined by the department.

 

       (4) The department may conduct audits, or may direct audits by designee of the

 

department, for the current fiscal year and the immediately preceding 3 fiscal years

 

of all records related to a program for which a district or intermediate district has

 

received funds under this article.

 

       (5) Expenditures made by the department under this article that are caused by the

 

write-off of prior year accruals may be funded by revenue from the write-off of prior

 

year accruals.

 

       (6) The department shall not deduct any funds from a district due to a pupil

 

being counted in membership before the effective date of the amendatory act that added

 

section 6(4)(jj), or otherwise reduce an allocation under this article to a district

 

relative to the counting of a pupil in membership as provided under section 6(4)(jj),

 

if the district substantially complied with the requirements under section 6(4)(jj) in

 

a previous fiscal year as if section 6(4)(jj) had been in effect in the previous

 

fiscal year.

 

       (6) (7) In addition to funds appropriated in section 11 for all programs and

 

services, there is appropriated for 2017-2018 2018-2019 for obligations in excess of

 

applicable appropriations an amount equal to the collection of overpayments, but not


to exceed amounts available from overpayments.

 

       Sec. 18. (1) Except as provided in another section of this article, each district

 

or other entity shall apply the money received by the district or entity under this

 

article to salaries and other compensation of teachers and other employees, tuition,

 

transportation, lighting, heating, ventilation, water service, the purchase of

 

textbooks, other supplies, and any other school operating expenditures defined in

 

section 7. However, not more than 20% of the total amount received by a district under

 

sections 22a and 22b or received by an intermediate district under section 81 may be

 

transferred by the board to either the capital projects fund or to the debt retirement

 

fund for debt service. The money shall not be applied or taken for a purpose other

 

than as provided in this section. The department shall determine the reasonableness of

 

expenditures and may withhold from a recipient of funds under this article the

 

apportionment otherwise due upon a violation by the recipient.

 

       (2) A district or intermediate district shall adopt an annual budget in a manner

 

that complies with the uniform budgeting and accounting act, 1968 PA 2, MCL 141.421 to

 

141.440a. Within 15 days after a district board adopts its annual operating budget for

 

the following school fiscal year, or after a district board adopts a subsequent

 

revision to that budget, the district shall make all of the following available

 

through a link on its website homepage, or may make the information available through

 

a link on its intermediate district's website homepage, in a form and manner

 

prescribed by the department:

 

       (a) The annual operating budget and subsequent budget revisions.

 

       (b) Using data that have already been collected and submitted to the department,

 

a summary of district expenditures for the most recent fiscal year for which they are

 

available, expressed in the following 2 pie charts: VISUAL DISPLAYS

 

       (i) A chart of personnel expenditures, broken into the following subcategories:

 

       (A) Salaries and wages.


       (B) Employee benefit costs, including, but not limited to, medical, dental,

 

vision, life, disability, and long-term care benefits.

 

       (C) Retirement benefit costs.

 

       (D) All other personnel costs.

 

       (ii) A chart of all district expenditures, broken into the following

 

subcategories:

 

       (A) Instruction.

 

       (B) Support services.

 

       (C) Business and administration.

 

       (D) Operations and maintenance.

 

       (c) Links to all of the following:

 

       (i) The current collective bargaining agreement for each bargaining unit.

 

       (ii) Each health care benefits plan, including, but not limited to, medical,

 

dental, vision, disability, long-term care, or any other type of benefits that would

 

constitute health care services, offered to any bargaining unit or employee in the

 

district.

 

       (iii) The audit report of the audit conducted under subsection (4) for the most

 

recent fiscal year for which it is available.

 

       (iv) The bids required under section 5 of the public employees health benefits

 

act, 2007 PA 106, MCL 124.75.

 

       (v) The district's written policy governing procurement of supplies, materials,

 

and equipment.

 

       (vi) The district's written policy establishing specific categories of

 

reimbursable expenses, as described in section 1254(2) of the revised school code, MCL

 

380.1254.

 

       (vii) Either the district's accounts payable check register for the most recent

 

school fiscal year or a statement of the total amount of expenses incurred by board


members or employees of the district that were reimbursed by the district for the most

 

recent school fiscal year.

 

       (d) The total salary and a description and cost of each fringe benefit included

 

in the compensation package for the superintendent of the district and for each

 

employee of the district whose salary exceeds $100,000.00.

 

       (e) The annual amount spent on dues paid to associations.

 

       (f) The annual amount spent on lobbying or lobbying services. As used in this

 

subdivision, "lobbying" means that term as defined in section 5 of 1978 PA 472, MCL

 

4.415.

 

       (g) Any deficit elimination plan or enhanced deficit elimination plan the

 

district was required to submit under the revised school code.

 

       (h) Identification of all credit cards maintained by the district as district

 

credit cards, the identity of all individuals authorized to use each of those credit

 

cards, the credit limit on each credit card, and the dollar limit, if any, for each

 

individual's authorized use of the credit card.

 

       (i) Costs incurred for each instance of out-of-state travel by the school

 

administrator of the district that is fully or partially paid for by the district and

 

the details of each of those instances of out-of-state travel, including at least

 

identification of each individual on the trip, destination, and purpose.

 

       (3) For the information required under subsection (2)(a), (2)(b)(i), and (2)(c),

 

an intermediate district shall provide the same information in the same manner as

 

required for a district under subsection (2).

 

       (4) For the purposes of determining the reasonableness of expenditures, whether a

 

district or intermediate district has received the proper amount of funds under this

 

article, and whether a violation of this article has occurred, all of the following

 

apply:

 

       (a) The department shall require that each district and intermediate district


have an audit of the district's or intermediate district's financial and pupil

 

accounting records conducted at least annually, and at such other times as determined

 

by the department, at the expense of the district or intermediate district, as

 

applicable. The audits must be performed by a certified public accountant or by the

 

intermediate district superintendent, as may be required by the department, or in the

 

case of a district of the first class by a certified public accountant, the

 

intermediate superintendent, or the auditor general of the city. A district or

 

intermediate district shall retain these records for the current fiscal year and from

 

at least the 3 immediately preceding fiscal years.

 

       (b) If a district operates in a single building with fewer than 700 full-time

 

equated pupils, if the district has stable membership, and if the error rate of the

 

immediately preceding 2 pupil accounting field audits of the district is less than 2%,

 

the district may have a pupil accounting field audit conducted biennially but must

 

continue to have desk audits for each pupil count. The auditor must document

 

compliance with the audit cycle in the pupil auditing manual. As used in this

 

subdivision, "stable membership" means that the district's membership for the current

 

fiscal year varies from the district's membership for the immediately preceding fiscal

 

year by less than 5%.

 

       (c) A district's or intermediate district's annual financial audit shall include

 

an analysis of the financial and pupil accounting data used as the basis for

 

distribution of state school aid.

 

       (d) The pupil and financial accounting records and reports, audits, and

 

management letters are subject to requirements established in the auditing and

 

accounting manuals approved and published by the department.

 

       (e) All of the following shall be done not later than November 1 each year for

 

reporting the prior fiscal year data:

 

       (i) A district shall file the annual financial audit reports with the


intermediate district and the department.

 

       (ii) The intermediate district shall file the annual financial audit reports for

 

the intermediate district with the department.

 

       (iii) The intermediate district shall enter the pupil membership audit reports

 

for its constituent districts and for the intermediate district, for the pupil

 

membership count day and supplemental count day, in the Michigan student data system.

 

       (f) The annual financial audit reports and pupil accounting procedures reports

 

shall be available to the public in compliance with the freedom of information act,

 

1976 PA 442, MCL 15.231 to 15.246.

 

       (g) Not later than January 31 of each year, the department shall notify the state

 

budget director and the legislative appropriations subcommittees responsible for

 

review of the school aid budget of districts and intermediate districts that have not

 

filed an annual financial audit and pupil accounting procedures report required under

 

this section for the school year ending in the immediately preceding fiscal year.

 

       (5) By November 1 each fiscal year, each district and intermediate district shall

 

submit to the center, in a manner prescribed by the center, annual comprehensive

 

financial data consistent with the district's or intermediate district's audited

 

financial statements and consistent with accounting manuals and charts of accounts

 

approved and published by the department. For an intermediate district, the report

 

shall also contain the website address where the department can access the report

 

required under section 620 of the revised school code, MCL 380.620. The department

 

shall ensure that the prescribed Michigan public school accounting manual chart of

 

accounts includes standard conventions to distinguish expenditures by allowable fund

 

function and object. The functions shall include at minimum categories for

 

instruction, pupil support, instructional staff support, general administration,

 

school administration, business administration, transportation, facilities operation

 

and maintenance, facilities acquisition, and debt service; and shall include object


classifications of salary, benefits, including categories for active employee health

 

expenditures, purchased services, supplies, capital outlay, and other. Districts shall

 

report the required level of detail consistent with the manual as part of the

 

comprehensive annual financial report.

 

       (6) By September 30 of each year, each district and intermediate district shall

 

file with the department CENTER the special education actual cost report, known as

 

"SE-4096", on a form and in the manner prescribed by the department CENTER.

 

       (7) By October 7 of each year, each district and intermediate district shall file

 

with the center the transportation expenditure report, known as "SE-4094", on a form

 

and in the manner prescribed by the center.

 

       (8) The department shall review its pupil accounting and pupil auditing manuals

 

at least annually and shall periodically update those manuals to reflect changes in

 

this article.

 

       (9) If a district that is a public school academy purchases property using money

 

received under this article, the public school academy shall retain ownership of the

 

property unless the public school academy sells the property at fair market value.

 

       (10) If a district or intermediate district does not comply with subsections (4),

 

(5), (6), and (7), AND (12) or if the department determines that the financial data

 

required under subsection (5) are not consistent with audited financial statements,

 

the department shall withhold all state school aid due to the district or intermediate

 

district under this article, beginning with the next payment due to the district or

 

intermediate district, until the district or intermediate district complies with

 

subsections (4), (5), (6), and (7), AND (12). If the district or intermediate district

 

does not comply with subsections (4), (5), (6), and (7), AND (12) by the end of the

 

fiscal year, the district or intermediate district forfeits the amount withheld.

 

       (11) If a district or intermediate district does not comply with subsection (2),

 

the department may withhold up to 10% of the total state school aid due to the


district or intermediate district under this article, beginning with the next payment

 

due to the district or intermediate district, until the district or intermediate

 

district complies with subsection (2). If the district or intermediate district does

 

not comply with subsection (2) by the end of the fiscal year, the district or

 

intermediate district forfeits the amount withheld.

 

       (12) By November 1 of each year, if a district or intermediate district offers

 

virtual learning under section 21f, OR FOR A SCHOOL OF EXCELLENCE THAT IS A CYBER

 

SCHOOL, AS DEFINED IN SECTION 551 OF THE REVISED SCHOOL CODE, the district or

 

intermediate district shall submit to the department a report that details the per-

 

pupil costs of operating the virtual learning by vendor type AND VIRTUAL LEARNING

 

MODEL. The report shall include at least all of the following information concerning

 

the operation of virtual learning for the immediately preceding school fiscal year:

 

YEAR, INCLUDING INFORMATION CONCERNING SUMMER PROGRAMMING. INFORMATION SHALL BE

 

COLLECTED IN A FORM AND MANNER AS DETERMINED BY THE DEPARTMENT AND SHALL BE COLLECTED

 

IN THE MOST EFFICIENT MANNER POSSIBLE IN ORDER TO REDUCE THE ADMINISTRATIVE BURDEN ON

 

REPORTING ENTITIES.

 

       (a) The name of the district operating the virtual learning and of each district

 

that enrolled students in the virtual learning.

 

       (b) The total number of students enrolled in the virtual learning and the total

 

number of membership pupils enrolled in the virtual learning.

 

       (c) For each pupil who is enrolled in a district other than the district offering

 

virtual learning, the name of that district.

 

       (d) The district in which the pupil was enrolled before enrolling in the district

 

offering virtual learning.

 

       (e) The number of participating students who had previously dropped out of

 

school.

 

       (f) The number of participating students who had previously been expelled from


school.

 

       (g) The total cost to enroll a student in the program. This cost shall be

 

reported on a per-pupil, per-course, per-semester or trimester basis by vendor type.

 

The total shall include costs broken down by cost for content development, content

 

licensing, training, virtual instruction and instructional support, personnel,

 

hardware and software, payment to each virtual learning provider, and other costs

 

associated with operating virtual learning.

 

       (h) The name of each virtual education provider contracted by the district and

 

the state in which each virtual education provider is headquartered.

 

       (13) By March 31 of each year, the department shall submit to the house and

 

senate appropriations subcommittees on state school aid, the state budget director,

 

and the house and senate fiscal agencies a report summarizing the per-pupil costs by

 

vendor type of virtual courses available under section 21f OR VIRTUAL COURSES PROVIDED

 

BY A SCHOOL OF EXCELLENCE THAT IS A CYBER SCHOOL, AS DEFINED IN SECTION 551 OF THE

 

REVISED SCHOOL CODE, MCD 380.551.

 

       (14) As used in subsections (12) and (13), "vendor type" means the following:

 

       (a) Virtual courses provided by the Michigan Virtual University.

 

       (b) Virtual courses provided by a school of excellence that is a cyber school, as

 

defined in section 551 of the revised school code, MCL 380.551.

 

       (c) Virtual courses provided by third party vendors not affiliated with a

 

Michigan public school.

 

       (d) Virtual courses created and offered by a district or intermediate district.

 

       (15) An allocation to a district or another entity under this article is

 

contingent upon the district's or entity's compliance with this section.

 

       (16) Beginning October 1, 2017, and not less than once every 3 months after that

 

date, the THE department shall submit to the senate and house subcommittees on school

 

aid and to the senate and house standing committees on education an itemized list of


allocations under this article to any association or consortium consisting of

 

associations. The report shall detail the recipient or recipients, the amount

 

allocated, and the purpose for which the funds were distributed.

 

       Sec. 19. (1) A district or intermediate district shall comply with all applicable

 

reporting requirements specified in state and federal law. Data provided to the

 

center, in a form and manner prescribed by the center, shall be aggregated and

 

disaggregated as required by state and federal law. In addition, a district or

 

intermediate district shall cooperate with all measures taken by the center to

 

establish and maintain a statewide P-20 longitudinal data system.

 

       (2) Each district shall furnish to the center not later than 5 weeks after the

 

pupil membership count day and by June 30 THE LAST BUSINESS DAY IN JUNE of the school

 

fiscal year ending in the fiscal year, in a manner prescribed by the center, the

 

information necessary for the preparation of the district and high school graduation

 

report AND FOR PREPARATION OF THE STATE OR FEDERAL ACCOUNTABILITY REPORTS. This

 

information shall meet requirements established in the pupil auditing manual approved

 

and published by the department. The center shall calculate an annual graduation and

 

pupil dropout rate for each high school, each district, and this state, in compliance

 

with nationally recognized standards for these calculations. The center shall report

 

all graduation and dropout rates to the senate and house education committees and

 

appropriations committees, the state budget director, and the department not later

 

than 30 days after the publication of the list described in subsection (5). Before

 

reporting these graduation and dropout rates, the department shall allow a school or

 

district to appeal the calculations. The department shall consider and act upon the

 

appeal within 30 days after it is submitted and shall not report these graduation and

 

dropout rates until after all appeals have been considered and decided.

 

       (3) By the first business day in December and by June 30 THE LAST BUSINESS DAY IN

 

JUNE of each year, a district shall furnish to the center, in a manner prescribed by


the center, information related to educational personnel as necessary for reporting

 

required by state and federal law. For the purposes of this subsection, the center

 

shall only require districts and intermediate districts to report information that is

 

not already available from the office of retirement services in the department of

 

technology, management, and budget.

 

       (4) If a district or intermediate district fails to meet the requirements of this

 

section, the department shall withhold 5% of the total funds for which the district or

 

intermediate district qualifies under this article until the district or intermediate

 

district complies with all of those subsections. If the district or intermediate

 

district does not comply with all of those subsections by the end of the fiscal year,

 

the department shall place the amount withheld in an escrow account until the district

 

or intermediate district complies with all of those subsections.

 

       (5) Before publishing a list of school or district accountability designations as

 

required by the no child left behind act of 2001, Public Law 107-110, or the every

 

student succeeds act, Public Law 114-95, AND UTILIZING DATA THAT WAS CERTIFIED AS

 

ACCURATE AND COMPLETE AFTER DISTRICTS AND INTERMEDIATE SCHOOL DISTRICTS HAVE ADHERED

 

TO DEADLINES, DATA QUALITY REVIEWS AND CORRECTION PROCESSES LEADING TO LOCAL

 

CERTIFICATION OF FINAL STUDENT DATA IN SUBSECTION 2 OF THIS SECTION, the department

 

shall allow a school or district to appeal ANY CALCULATION ERRORS USED IN THE

 

PREPARATION OF ACCOUNTABILITY METRICS. that determination. The department shall

 

consider and act upon the appeal within 30 days after it is submitted and shall not

 

publish the list until after all appeals have been considered and decided.

 

       (6) Beginning in 2016-2017, the department shall implement statewide standard

 

reporting requirements for education data approved by the department in conjunction

 

with the center. The department shall work with the center, intermediate districts,

 

districts, and other interested stakeholders to implement this policy change. A

 

district or intermediate district shall implement the statewide standard reporting


requirements not later than 2017-2018 or when a district or intermediate district

 

updates its education data reporting system, whichever is later.

 

       Sec. 20. (1) For 2017-2018, 2018-2019, both of the following apply:

 

       (a) The basic foundation allowance is $8,289.00. $8,409.00.

 

       (b) The minimum foundation allowance is $7,631.00. $7,871.00.

 

       (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) Except as otherwise provided in this subdivision, for a district that had a

 

foundation allowance for the immediately preceding state fiscal year that was at least

 

equal to the minimum foundation allowance for the immediately preceding state fiscal

 

year, 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 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 difference between the basic foundation

 

allowance for the current state fiscal year and basic foundation allowance for the

 

immediately preceding state fiscal year minus $20.00 $40.00) times (the difference

 

between the district's foundation allowance for the immediately preceding state fiscal

 

year and the minimum foundation allowance for the immediately preceding state fiscal

 

year) divided by the difference between the basic foundation allowance for the current

 

state fiscal year and the minimum foundation allowance for the immediately preceding


state fiscal year.] 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 equal

 

to the amount of the basic foundation allowance for the immediately preceding state

 

fiscal year, the district shall receive a foundation allowance for 2017-2018 2018-2019

 

in an amount equal to the basic foundation allowance for 2017-2018. 2018-2019.

 

       (c) For a district that had a foundation allowance for the immediately preceding

 

state fiscal year that was greater than the basic foundation allowance for the

 

immediately preceding state fiscal year, 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.

 

       (d) 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.

 

       (e) For a district that received a foundation allowance supplemental payment

 

calculated under section 20m and paid under section 22b for 2016-2017, 2017-2018 the

 

district's 2016-2017 2017-2018 foundation allowance is considered to have been an

 

amount equal to the sum of the district's actual 2016-2017 2017-2018 foundation

 

allowance as otherwise calculated under this section plus the lesser of the per pupil


amount of the district's supplemental payment for 2016-2017 2017-2018 as calculated

 

under section 20m 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.

 

       (4) Except as otherwise provided in this subsection, beginning in 2014-2015, 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 local portion of the district's

 

foundation allowance. For a district described in subsection (3)(c), beginning in

 

2014-2015, 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 local portion of the district's foundation allowance. 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. For a community district, if school

 

operating taxes continue to be levied by a qualifying school district under section

 

12b of the revised school code, MCL 380.12b, with the same geographic area as the

 

community district, the taxable value per membership pupil of property in the


community district to be used for the purposes of this subsection does not include the

 

taxable value of property within the geographic area of the community 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. The calculation under this subsection shall take into account a

 

district's per-pupil allocation under section 20m.

 

       (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. Except as otherwise provided in this

 

subsection, for pupils in membership, other than special education pupils, in a public

 

school academy that is a cyber school and is authorized by a school district, 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 that authorized the public school academy 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. BEGINNING IN 2018-2019, FOR PUPILS IN MEMBERSHIP IN A PUBLIC

 

SCHOOL ACADEMY THAT WAS ISSUED A CONTRACT UNDER SECTION 552 OF THE REVISED SCHOOL

 

CODE, MCL 380.552, TO OPERATE AS A SCHOOL OF EXCELLENCE THAT IS A CYBER SCHOOL, THE

 

ALLOCATION CALCULATED UNDER THIS SECTION SHALL BE AN AMOUNT EQUAL TO 75% OF THE AMOUNT

 

AS WOULD OTHERWISE BE CALCULATED UNDER THIS SUBSECTION FOR A PUBLIC SCHOOL ACADEMY.

 

       (7) Except as otherwise provided in this subsection, for pupils in membership,

 

other than special education pupils, in a community district, the allocation

 

calculated under this section is an amount per membership pupil other than special

 

education pupils in the community district equal to the foundation allowance of the

 

qualifying school district, as described in section 12b of the revised school code,

 

MCL 380.12b, that is located within the same geographic area as the community

 

district.

 

       (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. The calculation under this subsection shall take into account a

 

district's per-pupil allocation under section 20m.

 

       (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) Payments to districts and public school academies 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.

 

       (13) 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.

 

       (14) 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 portion of the district's foundation allowance" means an amount that

 

is equal to 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 product of the captured assessed valuation under tax increment

 

financing acts times the district's certified mills divided by the district's

 

membership excluding special education pupils).

 

       (h) "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.

 

       (i) "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.

 

       (j) "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 amount of the

 

difference between the basic foundation allowance for the current state fiscal year

 

and the basic foundation allowance for the immediately preceding state fiscal year and

 

[(the amount of the difference between the basic foundation allowance for the current

 

state fiscal year and the basic foundation allowance for the immediately preceding

 

state fiscal year minus $20.00 $40.00) times (the difference between the highest per-

 

pupil allocation among all public school academies for the immediately preceding state

 

fiscal year and the minimum foundation allowance for the immediately preceding state

 

fiscal year) divided by the difference between the basic foundation allowance for the

 

current state fiscal year and the minimum foundation allowance for the immediately

 

preceding state fiscal year.] For the purposes of this subdivision, for 2017-2018,

 

2018-2019, the maximum public school academy allocation is $7,631.00. $7,871.00.

 

       (k) "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.

 

       (l) "Nonexempt property" means property that is not a principal residence,


qualified agricultural property, qualified forest property, supportive housing

 

property, industrial personal property, commercial personal property, or property

 

occupied by a public school academy.

 

       (m) "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.

 

       (n) "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.

 

       (o) "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.

 

       (p) "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.

 

       (q) "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.

 

       (r) "Taxable value per membership pupil" means taxable value, as certified by the

 

county treasurer and reported to the department, 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. 20d. In making the final determination required under former section 20a of

 

a district's combined state and local revenue per membership pupil in 1993-94 and in


making calculations under section 20 for 2017-2018, 2018-2019 the department and the

 

department of treasury shall comply with all of the following:

 

       (a) For a district that had combined state and local revenue per membership pupil

 

in the 1994-95 state fiscal year of $6,500.00 or more and served as a fiscal agent for

 

a state board designated area vocational education center in the 1993-94 school year,

 

total state school aid received by or paid on behalf of the district pursuant to this

 

act in 1993-94 shall exclude payments made under former section 146 and under section

 

147 on behalf of the district's employees who provided direct services to the area

 

vocational education center. Not later than June 30, 1996, the department shall make

 

an adjustment under this subdivision to the district's combined state and local

 

revenue per membership pupil in the 1994-95 state fiscal year and the department of

 

treasury shall make a final certification of the number of mills that may be levied by

 

the district under section 1211 of the revised school code, MCL 380.1211, as a result

 

of the adjustment under this subdivision.

 

       (b) If a district had an adjustment made to its 1993-94 total state school aid

 

that excluded payments made under former section 146 and under section 147 on behalf

 

of the district's employees who provided direct services for intermediate district

 

center programs operated by the district under sections 51 to 56, if nonresident

 

pupils attending the center programs were included in the district's membership for

 

purposes of calculating the combined state and local revenue per membership pupil for

 

1993-94, and if there is a signed agreement by all constituent districts of the

 

intermediate district that an adjustment under this subdivision shall be made, the

 

foundation allowances for 1995-96 and 1996-97 of all districts that had pupils

 

attending the intermediate district center program operated by the district that had

 

the adjustment shall be calculated as if their combined state and local revenue per

 

membership pupil for 1993-94 included resident pupils attending the center program and

 

excluded nonresident pupils attending the center program.


       Sec. 20f. (1) From the funds appropriated in section 11, there is allocated an

 

amount not to exceed $18,000,000.00 for 2017-2018 2018-2019 for payments to eligible

 

districts under this section.

 

       (2) The funding under this subsection is from the allocation under subsection

 

(1). A district is eligible for funding under this subsection if the district received

 

a payment under this section as it was in effect for 2013-2014. A district was

 

eligible for funding in 2013-2014 if the sum of the following was less than $5.00:

 

       (a) The increase in the district's foundation allowance or per-pupil payment as

 

calculated under section 20 from 2012-2013 to 2013-2014.

 

       (b) The district's equity payment per membership pupil under former section 22c

 

for 2013-2014.

 

       (c) The quotient of the district's allocation under section 147a for 2012-2013

 

divided by the district's membership pupils for 2012-2013 minus the quotient of the

 

district's allocation under section 147a for 2013-2014 divided by the district's

 

membership pupils for 2013-2014.

 

       (3) The amount allocated to each eligible district under subsection (2) is an

 

amount per membership pupil equal to the amount per membership pupil the district

 

received under this section in 2013-2014.

 

       (4) The funding under this subsection is from the allocation under subsection

 

(1). A district is eligible for funding under this subsection if the sum of the

 

following is less than $25.00:

 

       (a) The increase in the district's foundation allowance or per-pupil payment as

 

calculated under section 20 from 2014-2015 to 2015-2016.

 

       (b) The decrease in the district's best practices per-pupil funding under former

 

section 22f from 2014-2015 to 2015-2016.

 

       (c) The decrease in the district's pupil performance per-pupil funding under

 

former section 22j from 2014-2015 to 2015-2016.


       (d) The quotient of the district's allocation under section 31a for 2015-2016

 

divided by the district's membership pupils for 2015-2016 minus the quotient of the

 

district's allocation under section 31a for 2014-2015 divided by the district's

 

membership pupils for 2014-2015.

 

       (5) The amount allocated to each eligible district under subsection (4) is an

 

amount per membership pupil equal to $25.00 minus the sum of the following:

 

       (a) The increase in the district's foundation allowance or per-pupil payment as

 

calculated under section 20 from 2014-2015 to 2015-2016.

 

       (b) The decrease in the district's best practices per-pupil funding under former

 

section 22f from 2014-2015 to 2015-2016.

 

       (c) The decrease in the district's pupil performance per-pupil funding under

 

former section 22j from 2014-2015 to 2015-2016.

 

       (d) The quotient of the district's allocation under section 31a for 2015-2016

 

divided by the district's membership pupils for 2015-2016 minus the quotient of the

 

district's allocation under section 31a for 2014-2015 divided by the district's

 

membership pupils for 2014-2015.

 

       (6) If the allocation under subsection (1) is insufficient to fully fund payments

 

under subsections (3) and (5) as otherwise calculated under this section, the

 

department shall prorate payments under this section on an equal per-pupil basis.

 

       Sec. 20m. (1) Foundation allowance supplemental payments for 2017-2018 2018-2019

 

to districts that in the 2015-2016 fiscal year had a foundation allowance greater than

 

$8,169.00 shall be calculated under this section.

 

       (2) The per-pupil allocation to each district under this section shall be the

 

difference between the dollar amount of the adjustment from the 2015-2016 state fiscal

 

year to the current state fiscal year in the basic foundation allowance minus the

 

dollar amount of the adjustment from the 2015-2016 fiscal year to the current state

 

fiscal year in a qualifying district's foundation allowance.


       (3) If a district's local revenue per pupil does not exceed the sum of its

 

foundation allowance under section 20 plus the per-pupil allocation under subsection

 

(2), the total payment to the district calculated under this section shall be the

 

product of the per-pupil allocation under subsection (2) multiplied by the district's

 

membership excluding special education pupils. If a district's local revenue per pupil

 

exceeds the foundation allowance under section 20 but does not exceed the sum of the

 

foundation allowance under section 20 plus the per-pupil allocation under subsection

 

(2), the total payment to the district calculated under this section shall be the

 

product of the difference between the sum of the foundation allowance under section 20

 

plus the per-pupil allocation under subsection (2) minus the local revenue per pupil

 

multiplied by the district's membership excluding special education pupils. If a

 

district's local revenue per pupil exceeds the sum of the foundation allowance under

 

section 20 plus the per-pupil allocation under subsection (2), there is no payment

 

calculated under this section for the district.

 

       (4) Payments to districts shall not be made under this section. Rather, the

 

calculations under this section shall be made and used to determine the amount of

 

state payments under section 22b.

 

       Sec. 21f. (1) A primary district shall enroll an eligible pupil in virtual

 

courses in accordance with the provisions of this section. A primary district shall

 

not offer a virtual course to an eligible pupil unless the virtual course is published

 

in the primary district's catalog of board-approved courses or in the statewide

 

catalog of virtual courses maintained by the Michigan Virtual University pursuant to

 

section 98. The primary district shall also provide on its publicly accessible website

 

a link to the statewide catalog of virtual courses maintained by the Michigan Virtual

 

University. Unless the pupil is at least age 18 or is an emancipated minor, a pupil

 

shall not be enrolled in a virtual course without the consent of the pupil's parent or

 

legal guardian. PARENTAL CONSENT SHALL BE OBTAINED IN A FORM AND MANNER SPECIFIED BY


THE DEPARTMENT AND KEPT ON FILE BY THE PRIMARY DISTRICT.

 

       (2) Subject to subsection (3), a primary district shall enroll an eligible pupil

 

in up to 2 virtual courses as requested by the pupil during an academic term,

 

semester, or trimester.

 

       (3) A pupil may be enrolled in more than 2 virtual courses in a specific academic

 

term, semester, or trimester if all of the following conditions are met:

 

       (a) The primary district has determined that it is in the best interest of the

 

pupil.

 

       (b) The pupil agrees with the recommendation of the primary district.

 

       (c) The primary district, in collaboration with the pupil, has developed an

 

education development plan, in a form and manner specified by the department, that is

 

kept on file by the district. Beginning October 1, 2016, this subdivision does not

 

apply to a pupil enrolled as a part-time pupil under section 166b.

 

       (4) If the number of applicants eligible for acceptance in a virtual course does

 

not exceed the capacity of the provider to provide the virtual course, the provider

 

shall accept for enrollment all of the applicants eligible for acceptance. If the

 

number of applicants exceeds the provider's capacity to provide the virtual course,

 

the provider shall use a random draw system, subject to the need to abide by state and

 

federal antidiscrimination laws and court orders. A primary district that is also a

 

provider shall determine whether or not it has the capacity to accept applications for

 

enrollment from nonresident applicants in virtual courses and may use that limit as

 

the reason for refusal to enroll a nonresident applicant.

 

       (5) A primary district may not establish additional requirements beyond those

 

specified in this subsection that would prohibit a pupil from taking a virtual course.

 

A pupil's primary district may deny the pupil enrollment in an online course if any of

 

the following apply, as determined by the district:

 

       (a) The pupil is enrolled in any of grades K to 5.


       (b) The pupil has previously gained the credits that would be provided from the

 

completion of the virtual course.

 

       (c) The virtual course is not capable of generating academic credit.

 

       (d) The virtual course is inconsistent with the remaining graduation requirements

 

or career interests of the pupil.

 

       (e) The pupil has not completed the prerequisite coursework for the requested

 

virtual course or has not demonstrated proficiency in the prerequisite course content.

 

       (f) The pupil has failed a previous virtual course in the same subject during the

 

2 most recent academic years.

 

       (g) The virtual course is of insufficient quality or rigor. A primary district

 

that denies a pupil enrollment request for this reason shall enroll the pupil in a

 

virtual course in the same or a similar subject that the primary district determines

 

is of acceptable rigor and quality.

 

       (h) The cost of the virtual course exceeds the amount identified in subsection

 

(9), (10), unless the pupil or the pupil's parent or legal guardian agrees to pay the

 

cost that exceeds this amount.

 

       (i) The request for a virtual course enrollment did not occur within the same

 

timelines established by the primary district for enrollment and schedule changes for

 

regular courses.

 

       (j) The request for a virtual course enrollment was not made in the academic

 

term, semester, trimester, or summer preceding the enrollment. This subdivision does

 

not apply to a request made by a pupil who is newly enrolled in the primary district.

 

       (6) If a pupil is denied enrollment in a virtual course by the pupil's primary

 

district, the primary district shall provide written notification to the pupil of the

 

denial, the reason or reasons for the denial pursuant to subsection (5), and a

 

description of the appeal process. The pupil may appeal the denial by submitting a

 

letter to the superintendent of the intermediate district in which the pupil's primary


district is located. The letter of appeal shall include the reason provided by the

 

primary district for not enrolling the pupil and the reason why the pupil is claiming

 

that the enrollment should be approved. The intermediate district superintendent or

 

designee shall respond to the appeal within 5 days after it is received. If the

 

intermediate district superintendent or designee determines that the denial of

 

enrollment does not meet 1 or more of the reasons specified in subsection (5), the

 

primary district shall enroll the pupil in the virtual course.

 

       (7) To provide a virtual course to an eligible pupil under this section, a

 

provider shall do all of the following:

 

       (a) Ensure that the virtual course has been published in the pupil's primary

 

district's catalog of board-approved courses or published in the statewide catalog of

 

virtual courses maintained by the Michigan Virtual University.

 

       (b) Assign to each pupil a teacher of record and provide the primary district

 

with the personnel identification code assigned by the center for the teacher of

 

record. If the provider is a community college, the virtual course must be taught by

 

an instructor employed by or contracted through the providing community college.

 

       (c) Offer the virtual course on an open entry and exit method, or aligned to a

 

semester, trimester, or accelerated academic term format.

 

       (d) If the virtual course is offered to eligible pupils in more than 1 district,

 

the following additional requirements must also be met:

 

       (i) Provide the Michigan Virtual University with a course syllabus that meets the

 

definition under subsection (14)(g) in a form and manner prescribed by the Michigan

 

Virtual University for inclusion in a statewide catalog of virtual courses.

 

       (ii) Not later than October 1 of each fiscal year, provide the Michigan Virtual

 

University with an aggregated count of enrollments for each virtual course the

 

provider delivered to pupils pursuant to this section during the immediately preceding

 

school year, and the number of enrollments in which the pupil earned 60% or more of


the total course points for each virtual course.

 

       (8) To provide an online course under this section, a community college shall

 

ensure that each online course it provides under this section generates postsecondary

 

credit.

 

       (9) For any virtual course a pupil enrolls in under this section, the pupil's

 

primary district must assign to the pupil a mentor and shall supply the provider with

 

the mentor's contact information.

 

       (10) For a pupil enrolled in 1 or more virtual courses, the primary district

 

shall use foundation allowance or per-pupil funds calculated under section 20 to pay

 

for the expenses associated with the virtual course or courses. A primary district is

 

not required to pay toward the cost of a virtual course an amount that exceeds 6.67%

 

of the minimum foundation allowance for the current fiscal year as calculated under

 

section 20.

 

       (11) A virtual learning pupil shall have the same rights and access to technology

 

in his or her primary district's school facilities as all other pupils enrolled in the

 

pupil's primary district. The department shall establish standards for hardware,

 

software, and Internet access for pupils who are enrolled in more than 2 virtual

 

courses in an academic term, semester, or trimester taken at a location other than a

 

school facility.

 

       (12) If a pupil successfully completes a virtual course, as determined by the

 

pupil's primary district, the pupil's primary district shall grant appropriate

 

academic credit for completion of the course and shall count that credit toward

 

completion of graduation and subject area requirements. A pupil's school record and

 

transcript shall identify the virtual course title as it appears in the virtual course

 

syllabus.

 

       (13) The enrollment of a pupil in 1 or more virtual courses shall not result in a

 

pupil being counted as more than 1.0 full-time equivalent pupils under this article.


The minimum requirements to count the pupil in membership are those established by the

 

pupil accounting manual as it was in effect for the 2015-2016 school year or as

 

subsequently amended by the department if the department notifies the legislature

 

about the proposed amendment at least 60 days before the amendment becomes effective.

 

       (14) As used in this section:

 

       (a) "Instructor" means an individual who is employed by or contracted through a

 

community college.

 

       (b) "Mentor" means a professional employee of the primary district who monitors

 

the pupil's progress, ensures the pupil has access to needed technology, is available

 

for assistance, and ensures access to the teacher of record. A mentor may also serve

 

as the teacher of record if the primary district is the provider for the virtual

 

course and the mentor meets the requirements under subdivision (e).

 

       (c) "Primary district" means the district that enrolls the pupil and reports the

 

pupil for pupil membership purposes.

 

       (d) "Provider" means the district, intermediate district, or community college

 

that the primary district pays to provide the virtual course or the Michigan Virtual

 

University if it is providing the virtual course.

 

       (e) "Teacher of record" means a teacher who meets all of the following:

 

       (i) Holds a valid Michigan teaching certificate or a teaching permit recognized

 

by the department.

 

       (ii) If applicable, is endorsed in the subject area and grade of the virtual

 

course.

 

       (iii) Is responsible for providing instruction, determining instructional methods

 

for each pupil, diagnosing learning needs, assessing pupil learning, prescribing

 

intervention strategies and modifying lessons, reporting outcomes, and evaluating the

 

effects of instruction and support strategies.

 

       (iv) Has a personnel identification code provided by the center.


       (v) If the provider is a community college, is an instructor employed by or

 

contracted through the providing community college.

 

       (f) "Virtual course" means a course of study that is capable of generating a

 

credit or a grade and that is provided in an interactive learning environment where

 

the majority of the curriculum is delivered using the Internet and in which pupils may

 

be separated from their instructor or teacher of record by time or location, or both.

 

       (g) "Virtual course syllabus" means a document that includes all of the

 

following:

 

       (i) An alignment document detailing how the course meets applicable state

 

standards or, if the state does not have state standards, nationally recognized

 

standards.

 

       (ii) The virtual course content outline.

 

       (iii) The virtual course required assessments.

 

       (iv) The virtual course prerequisites.

 

       (v) Expectations for actual instructor or teacher of record contact time with the

 

virtual learning pupil and other communications between a pupil and the instructor or

 

teacher of record.

 

       (vi) Academic support available to the virtual learning pupil.

 

       (vii) The virtual course learning outcomes and objectives.

 

       (viii) The name of the institution or organization providing the virtual content.

 

       (ix) The name of the institution or organization providing the instructor or

 

teacher of record.

 

       (x) The course titles assigned by the provider and the course titles and course

 

codes from the National Center for Education Statistics (NCES) school codes for the

 

exchange of data (SCED).

 

       (xi) The number of eligible pupils that will be accepted by the provider in the

 

virtual course. A primary district that is also the provider may limit the enrollment


to those pupils enrolled in the primary district.

 

       (xii) The results of the virtual course quality review using the guidelines and

 

model review process published by the Michigan Virtual University.

 

       (h) "Virtual learning pupil" means a pupil enrolled in 1 or more virtual courses.

 

       Sec. 21h. (1) From the appropriation in section 11, there is allocated

 

$6,000,000.00 $8,000,000.00 for 2017-2018 2018-2019 for assisting districts assigned

 

by the superintendent to participate in a partnership to improve student achievement.

 

The purpose of the partnership is to identify district needs, develop intervention

 

plans, and partner with public, private, and nonprofit organizations to coordinate

 

resources and improve student achievement. Assignment of a district to a partnership

 

is at the sole discretion of the superintendent.

 

       (2) A district assigned to a partnership by the superintendent is eligible for

 

funding under this section if the district includes at least 1 school that has been

 

rated with a grade of "F", or comparable performance rating, in the most recent state

 

accountability system rating, that is not under the supervision of the state school

 

reform/redesign office, and that does all of the following:

 

       (a) Completes a comprehensive needs evaluation in collaboration with an

 

intermediate school district, community members, education organizations, and

 

postsecondary institutions, as applicable and approved by the superintendent, within

 

90 days of assignment to the partnership described in this section. The comprehensive

 

needs evaluation shall include at least all of the following:

 

       (i) A review of the district's implementation and utilization of a multi-tiered

 

system of supports to ensure that it is used to appropriately inform instruction.

 

       (ii) A review of the district and school building leadership and educator

 

capacity to substantially improve student outcomes.

 

       (iii) A review of classroom, instructional, and operational practices and

 

curriculum to ensure alignment with research-based instructional practices and state


curriculum standards.

 

       (b) Develops an intervention plan that has been approved by the superintendent

 

and that addresses the needs identified in the comprehensive needs evaluation

 

completed under subdivision (a). The intervention plan shall include at least all of

 

the following:

 

       (i) Specific actions that will be taken by the district and each of its partners

 

to improve student achievement.

 

       (ii) Specific measurable benchmarks that will be met within 18 months to improve

 

student achievement and identification of expected student achievement outcomes to be

 

attained within 3 years after assignment to the partnership.

 

       (3) Upon approval of the intervention plan developed under subsection (2), the

 

department shall assign a team of individuals with expertise in comprehensive school

 

and district reform to partner with the district, the intermediate district, community

 

organizations, education organizations, and postsecondary institutions identified in

 

the intervention plan to review the district's use of existing financial resources to

 

ensure that those resources are being used as efficiently and effectively as possible

 

to improve student academic achievement.

 

       (4) Funds allocated under this section may be used to pay for district

 

expenditures approved by the superintendent to improve student achievement. Funds may

 

be used for professional development for teachers or district or school leadership,

 

increased instructional time, teacher mentors, or other expenditures that directly

 

impact student achievement and cannot be paid from existing district financial

 

resources. An eligible district shall not receive funds under this section for more

 

than 3 years. Notwithstanding section 17b, payments to eligible districts under this

 

section shall be paid on a schedule determined by the department.

 

       (5) The department shall annually report to the legislature on the activities

 

funded under this section and how those activities impacted student achievement in


eligible districts that received funds under this section.

 

       Sec. 22a. (1) From the appropriation in section 11, there is allocated an amount

 

not to exceed $5,207,000,000.00 for 2016-2017 and there is allocated an amount not to

 

exceed $5,181,800,000.00 $5,048,000,000.00 for 2017-2018 2018-2019 for payments to

 

districts and qualifying public school academies to guarantee each district and

 

qualifying public school academy an amount equal to its 1994-95 total state and local

 

per pupil revenue for school operating purposes under section 11 of article IX of the

 

state constitution of 1963. Pursuant to section 11 of article IX of the state

 

constitution of 1963, this guarantee does not apply to a district in a year in which

 

the district levies a millage rate for school district operating purposes less than it

 

levied in 1994. However, subsection (2) applies to calculating the payments under this

 

section. Funds allocated under this section that are not expended in the state fiscal

 

year for which they were allocated, as determined by the department, may be used to

 

supplement the allocations under sections 22b, 23F, and 51c in order to fully fund

 

those calculated allocations for the same fiscal year.

 

       (2) To ensure that a district receives an amount equal to the district's 1994-95

 

total state and local per pupil revenue for school operating purposes, there is

 

allocated to each district a state portion of the district's 1994-95 foundation

 

allowance in an amount calculated as follows:

 

       (a) Except as otherwise provided in this subsection, the state portion of a

 

district's 1994-95 foundation allowance is an amount equal to the district's 1994-95

 

foundation allowance or $6,500.00, 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. 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 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, taxable value per membership pupil of all property in

 

the receiving district that is nonexempt property and taxable value per membership

 

pupil of property in the receiving district that is commercial personal property do

 

not include property within the geographic area of the dissolved district; ad valorem

 

property tax revenue of the receiving district captured under tax increment financing

 

acts does not include ad valorem property tax revenue captured within the geographic

 

boundaries of the dissolved district under tax increment financing acts; and certified

 

mills do not include the certified mills of the dissolved district. For a community

 

district, the allocation as otherwise calculated under this section shall be reduced

 

by an amount equal to the amount of local school operating tax revenue that would

 

otherwise be due to the community district if not for the operation of section 386 of

 

the revised school code, MCL 380.386, and the amount of this reduction shall be offset

 

by the increase in funding under section 22b(2).

 

       (b) For a district that had a 1994-95 foundation allowance greater than

 

$6,500.00, the state payment under this subsection shall be the sum of the amount

 

calculated under subdivision (a) plus the amount calculated under this subdivision.

 

The amount calculated under this subdivision shall be equal to the difference between

 

the district's 1994-95 foundation allowance minus $6,500.00 and the current year hold

 

harmless school operating taxes per pupil. If the result of the calculation under

 

subdivision (a) is negative, the negative amount shall be an offset against any state


payment calculated under this subdivision. If the result of a calculation under this

 

subdivision is negative, there shall not be a state payment or a deduction under this

 

subdivision. The taxable values per membership pupil used in the calculations under

 

this subdivision are as adjusted by ad valorem property tax revenue captured under tax

 

increment financing acts divided by the district's membership. 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, ad valorem property tax revenue captured under tax increment financing acts do

 

not include ad valorem property tax revenue captured within the geographic boundaries

 

of the dissolved district under tax increment financing acts.

 

       (3) Beginning in 2003-2004, for pupils in membership in a qualifying public

 

school academy, there is allocated under this section to the authorizing body that is

 

the fiscal agent for the qualifying public school academy for forwarding to the

 

qualifying public school academy an amount equal to the 1994-95 per pupil payment to

 

the qualifying public school academy under section 20.

 

       (4) A district or qualifying public school academy may use funds allocated under

 

this section in conjunction with any federal funds for which the district or

 

qualifying public school academy otherwise would be eligible.

 

       (5) Except as otherwise provided in this subsection, for a district that is

 

formed or reconfigured after June 1, 2000 by consolidation of 2 or more districts or

 

by annexation, the resulting district's 1994-95 foundation allowance under this

 

section beginning after the effective date of the consolidation or annexation shall be

 

the average of the 1994-95 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 in the state fiscal year in which

 

the consolidation takes place who reside in the geographic area of each of the


original districts. If an affected district's 1994-95 foundation allowance is less

 

than the 1994-95 basic foundation allowance, the amount of that district's 1994-95

 

foundation allowance shall be considered for the purpose of calculations under this

 

subsection to be equal to the amount of the 1994-95 basic foundation allowance. This

 

subsection does not apply to a receiving district unless there is a subsequent

 

consolidation or annexation that affects the district.

 

       (6) Payments under this section are subject to section 25g.

 

       (7) PAYMENTS TO DISTRICTS OR PUBLIC SCHOOL ACADEMIES SHALL NOT BE MADE UNDER THIS

 

SECTION FOR PUPILS ENROLLED PURSUANT TO SECTION 166B AND COUNTED IN MEMBERSHIP UNDER

 

SECTION 6. RATHER, THE PAYMENTS FOR SUCH PUPILS SHALL BE MADE UNDER SECTION 23F.

 

       (8) (7) As used in this section:

 

       (a) "1994-95 foundation allowance" means a district's 1994-95 foundation

 

allowance calculated and certified by the department of treasury or the superintendent

 

under former section 20a as enacted in 1993 PA 336 and as amended by 1994 PA 283.

 

       (b) "Certified mills" means the lesser of 18 mills or the number of mills of

 

school operating taxes levied by the district in 1993-94.

 

       (c) "Current state fiscal year" means the state fiscal year for which a

 

particular calculation is made.

 

       (d) "Current year hold harmless school operating taxes per pupil" means the per

 

pupil revenue generated by multiplying a district's 1994-95 hold harmless millage by

 

the district's current year taxable value per membership pupil. 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, taxable value per membership pupil does not include the taxable value of

 

property within the geographic area of the dissolved district.

 

       (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) "Hold harmless millage" means, for a district with a 1994-95 foundation

 

allowance greater than $6,500.00, the number of mills by which the exemption from the

 

levy of school operating taxes on a homestead, qualified agricultural property,

 

qualified forest property, supportive housing property, industrial personal property,

 

commercial personal property, and property occupied by a public school academy could

 

be reduced as provided in section 1211 of the revised school code, MCL 380.1211, and

 

the number of mills of school operating taxes that could be levied on all property as

 

provided in section 1211(2) of the revised school code, MCL 380.1211, as certified by

 

the department of treasury for the 1994 tax year. 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, school

 

operating taxes do not include school operating taxes levied within the geographic

 

area of the dissolved district.

 

       (g) "Homestead", "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.

 

       (h) "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.

 

       (i) "Nonexempt property" means property that is not a principal residence,

 

qualified agricultural property, qualified forest property, supportive housing

 

property, industrial personal property, commercial personal property, or property

 

occupied by a public school academy.

 

       (j) "Qualifying public school academy" means a public school academy that was in


operation in the 1994-95 school year and is in operation in the current state fiscal

 

year.

 

       (k) "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.

 

       (l) "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 as defined in section 20.

 

       (m) "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.

 

       (n) "Taxable value per membership pupil" means each of the following divided by

 

the district's membership:

 

       (i) For the number of mills by which the exemption from the levy of school

 

operating taxes on a homestead, qualified agricultural property, qualified forest

 

property, supportive housing property, industrial personal property, commercial

 

personal property, and property occupied by a public school academy may be reduced as

 

provided in section 1211 of the revised school code, MCL 380.1211, the taxable value

 

of homestead, qualified agricultural property, qualified forest property, supportive

 

housing property, industrial personal property, commercial personal property, and

 

property occupied by a public school academy for the calendar year ending in the

 

current state fiscal year. 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, mills do not include mills within


the geographic area of the dissolved district.

 

       (ii) For the number of mills of school operating taxes that may be levied on all

 

property as provided in section 1211(2) of the revised school code, MCL 380.1211, the

 

taxable value of all property for the calendar year ending in the current state fiscal

 

year. 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, school operating taxes do not include school

 

operating taxes levied within the geographic area of the dissolved district.

 

       Sec. 22b. (1) For discretionary nonmandated payments to districts under this

 

section, there is allocated for 2016-2017 an amount not to exceed $3,841,000,000.00

 

from the state school aid fund and general fund appropriations in section 11 and an

 

amount not to exceed $72,000,000.00 from the community district education trust fund

 

appropriation in section 11, and there is allocated for 2017-2018 2018-2019 an amount

 

not to exceed $3,965,500,000.00 $4,156,600,000.00 from the state school aid fund and

 

general fund appropriations in section 11 and an amount not to exceed $72,000,000.00

 

from the community district education trust fund appropriation in section 11. Except

 

for money allocated from the community district trust fund, money allocated under this

 

section that is not expended in the state fiscal year for which it was allocated, as

 

determined by the department, may be used to supplement the allocations under sections

 

22a, 23F, and 51c in order to fully fund those calculated allocations for the same

 

fiscal year.

 

       (2) Subject to subsection (3) and section 296, the allocation to a district under

 

this section shall be an amount equal to the sum of the amounts calculated under

 

sections 20, 20m, 51a(2), 51a(3), and 51a(11), minus the sum of the allocations to the

 

district under sections 22a and 51c. For a community district, the allocation as

 

otherwise calculated under this section shall be increased by an amount equal to the


amount of local school operating tax revenue that would otherwise be due to the

 

community district if not for the operation of section 386 of the revised school code,

 

MCL 380.386, and this increase shall be paid from the community district education

 

trust fund allocation in subsection (1) in order to offset the absence of local school

 

operating revenue in a community district in the funding of the state portion of the

 

foundation allowance under section 20(4).

 

       (3) In order to receive an allocation under subsection (1), each district shall

 

do all of the following:

 

       (a) Comply with section 1280b of the revised school code, MCL 380.1280b.

 

       (b) Comply with sections 1278a and 1278b of the revised school code, MCL

 

380.1278a and 380.1278b.

 

       (c) Furnish data and other information required by state and federal law to the

 

center and the department in the form and manner specified by the center or the

 

department, as applicable.

 

       (d) Comply with section 1230g of the revised school code, MCL 380.1230g.

 

       (e) Comply with section 21f.

 

       (4) Districts are encouraged to use funds allocated under this section for the

 

purchase and support of payroll, human resources, and other business function software

 

that is compatible with that of the intermediate district in which the district is

 

located and with other districts located within that intermediate district.

 

       (5) From the allocation in subsection (1), the department shall pay up to

 

$1,000,000.00 in litigation costs incurred by this state related to commercial or

 

industrial property tax appeals, including, but not limited to, appeals of

 

classification, that impact revenues dedicated to the state school aid fund.

 

       (6) From the allocation in subsection (1), the department shall pay up to

 

$1,000,000.00 in litigation costs incurred by this state associated with lawsuits

 

filed by 1 or more districts or intermediate districts against this state. If the


allocation under this section is insufficient to fully fund all payments required

 

under this section, the payments under this subsection shall be made in full before

 

any proration of remaining payments under this section.

 

       (7) It is the intent of the legislature that all constitutional obligations of

 

this state have been fully funded under sections 22a, 31d, 51a, 51c, and 152a. If a

 

claim is made by an entity receiving funds under this article that challenges the

 

legislative determination of the adequacy of this funding or alleges that there exists

 

an unfunded constitutional requirement, the state budget director may escrow or

 

allocate from the discretionary funds for nonmandated payments under this section the

 

amount as may be necessary to satisfy the claim before making any payments to

 

districts under subsection (2). If funds are escrowed, the escrowed funds are a work

 

project appropriation and the funds are carried forward into the following fiscal

 

year. The purpose of the work project is to provide for any payments that may be

 

awarded to districts as a result of litigation. The work project shall be completed

 

upon resolution of the litigation.

 

       (8) If the local claims review board or a court of competent jurisdiction makes a

 

final determination that this state is in violation of section 29 of article IX of the

 

state constitution of 1963 regarding state payments to districts, the state budget

 

director shall use work project funds under subsection (7) or allocate from the

 

discretionary funds for nonmandated payments under this section the amount as may be

 

necessary to satisfy the amount owed to districts before making any payments to

 

districts under subsection (2).

 

       (9) If a claim is made in court that challenges the legislative determination of

 

the adequacy of funding for this state's constitutional obligations or alleges that

 

there exists an unfunded constitutional requirement, any interested party may seek an

 

expedited review of the claim by the local claims review board. If the claim exceeds

 

$10,000,000.00, this state may remove the action to the court of appeals, and the


court of appeals shall have and shall exercise jurisdiction over the claim.

 

       (10) If payments resulting from a final determination by the local claims review

 

board or a court of competent jurisdiction that there has been a violation of section

 

29 of article IX of the state constitution of 1963 exceed the amount allocated for

 

discretionary nonmandated payments under this section, the legislature shall provide

 

for adequate funding for this state's constitutional obligations at its next

 

legislative session.

 

       (11) If a lawsuit challenging payments made to districts related to costs

 

reimbursed by federal title XIX Medicaid funds is filed against this state, then, for

 

the purpose of addressing potential liability under such a lawsuit, the state budget

 

director may place funds allocated under this section in escrow or allocate money from

 

the funds otherwise allocated under this section, up to a maximum of 50% of the amount

 

allocated in subsection (1). If funds are placed in escrow under this subsection,

 

those funds are a work project appropriation and the funds are carried forward into

 

the following fiscal year. The purpose of the work project is to provide for any

 

payments that may be awarded to districts as a result of the litigation. The work

 

project shall be completed upon resolution of the litigation. In addition, this state

 

reserves the right to terminate future federal title XIX Medicaid reimbursement

 

payments to districts if the amount or allocation of reimbursed funds is challenged in

 

the lawsuit. As used in this subsection, "title XIX" means title XIX of the social

 

security act, 42 USC 1396 to 1396v.

 

       (12) PAYMENTS TO DISTRICTS OR PUBLIC SCHOOL ACADEMIES SHALL NOT BE MADE UNDER

 

THIS SECTION FOR PUPILS ENROLLED PURSUANT TO SECTION 166B AND COUNTED IN MEMBERSHIP

 

UNDER SECTION 6. RATHER, THE PAYMENTS FOR SUCH PUPILS SHALL BE MADE UNDER SECTION 23F.

 

       Sec. 22d. (1) From the appropriation in section 11, an amount not to exceed

 

$5,000,000.00 is allocated for 2017-2018 2018-2019 for supplemental payments to rural

 

districts under this section.


       (2) From the allocation under subsection (1), there is allocated for 2017-2018

 

2018-2019 an amount not to exceed $957,300.00 for payments under this subsection to

 

districts that meet all of the following:

 

       (a) Operates grades K to 12.

 

       (b) Has fewer than 250 pupils in membership.

 

       (c) Each school building operated by the district meets at least 1 of the

 

following:

 

       (i) Is located in the Upper Peninsula at least 30 miles from any other public

 

school building.

 

       (ii) Is located on an island that is not accessible by bridge.

 

       (3) The amount of the additional funding to each eligible district under

 

subsection (2) shall be determined under a spending plan developed as provided in this

 

subsection and approved by the superintendent of public instruction. The spending plan

 

shall be developed cooperatively by the intermediate superintendents of each

 

intermediate district in which an eligible district is located. The intermediate

 

superintendents shall review the financial situation of each eligible district,

 

determine the minimum essential financial needs of each eligible district, and develop

 

and agree on a spending plan that distributes the available funding under subsection

 

(2) to the eligible districts based on those financial needs. The intermediate

 

superintendents shall submit the spending plan to the superintendent of public

 

instruction for approval. Upon approval by the superintendent of public instruction,

 

the amounts specified for each eligible district under the spending plan are allocated

 

under subsection (2) and shall be paid to the eligible districts in the same manner as

 

payments under section 22b.

 

       (4) Subject to subsection (6), from the allocation in subsection (1), there is

 

allocated for 2017-2018 2018-2019 an amount not to exceed $4,042,700.00 for payments

 

under this subsection to districts that have 7.3 or fewer pupils per square mile as


determined by the department.

 

       (5) The funds allocated under subsection (4) shall be allocated on an equal per-

 

pupil basis.

 

       (6) A district receiving funds allocated under subsection (2) is not eligible for

 

funding allocated under subsection (4).

 

       Sec. 22m. (1) From the appropriations in section 11, there is allocated for 2017-

 

2018 2018-2019 an amount not to exceed $2,200,000.00 for supporting the integration of

 

local data systems into the Michigan data hub network based on common standards and

 

applications that are in compliance with section 19(6).

 

       (2) An entity that is the fiscal agent for no more than 5 consortia of

 

intermediate districts that previously received funding from the technology readiness

 

infrastructure grant under former section 22i for the purpose of establishing regional

 

data hubs that are part of the Michigan data hub network is eligible for funding under

 

this section.

 

       (3) The center shall work with an advisory committee composed of representatives

 

from intermediate districts within each of the data hub regions to coordinate the

 

activities of the Michigan data hub network.

 

       (4) The center, in collaboration with the Michigan data hub network, shall

 

determine the amount of funds distributed under this section to each participating

 

regional data hub within the network, based upon a competitive grant process. Entities

 

receiving funding under this section shall represent geographically diverse areas in

 

this state.

 

       (5) Notwithstanding section 17b, payments under this section shall be made on a

 

schedule determined by the center.

 

       (6) To receive funding under this section, a regional data hub must have a

 

governance model that ensures local control of data, data security, and student

 

privacy issues. The integration of data within each of the regional data hubs shall


provide for the actionable use of data by districts and intermediate districts through

 

common reports and dashboards and for efficiently providing information to meet state

 

and federal reporting purposes.

 

       (7) Participation in a data hub region in the Michigan data hub network under

 

this section is voluntary and is not required.

 

       (8) Entities receiving funding under this section shall use the funds for all of

 

the following:

 

       (a) Creating an infrastructure that effectively manages the movement of data

 

between data systems used by intermediate districts, districts, and other educational

 

organizations in Michigan based on common data standards to improve student

 

achievement.

 

       (b) Utilizing the infrastructure to put in place commonly needed integrations,

 

reducing cost and effort to do that work while increasing data accuracy and usability.

 

       (c) Promoting the use of a more common set of applications by promoting systems

 

that integrate with the Michigan data hub network.

 

       (d) Promoting 100% district adoption of the Michigan data hub network. by

 

September 30, 2018.

 

       (e) Ensuring local control of data, data security, and student data privacy.

 

       (f) Utilizing the infrastructure to promote the actionable use of data through

 

common reports and dashboards that are consistent statewide.

 

       (g) Creating a governance model to facilitate sustainable operations of the

 

infrastructure in the future, including administration, legal agreements,

 

documentation, staffing, hosting, and funding.

 

       (h) Evaluating future data initiatives at all levels to determine whether the

 

initiatives can be enhanced by using the standardized environment in the Michigan data

 

hub network.

 

       (9) Not later than January 1, 2018, OF EACH FISCAL YEAR, the center shall prepare


a summary report of information provided by each entity that received funds under this

 

section that includes measurable outcomes based on the objectives described under this

 

section. The report shall include a summary of compiled data from each entity to

 

provide a means to evaluate the effectiveness of the project. The center shall submit

 

the report to the house and senate appropriations subcommittees on state school aid

 

and to the house and senate fiscal agencies.

 

       Sec. 22n. (1) From the appropriation in section 11, there is allocated an amount

 

not to exceed $11,000,000.00 for 2017 2018 2018-2019 for additional payments to

 

districts for the higher instructional costs of educating high school pupils.

 

       (2) A district is eligible for a payment under this section if it educates pupils

 

in 1 or more of grades 9 to 12.

 

       (3) The payment to each eligible district under this section shall be an amount

 

equal to $25.00 multiplied by the district's total pupil membership in grades 9 to 12

 

as calculated under section 6 for the current fiscal year. If the allocation under

 

subsection (1) is insufficient to fully fund payments under this subsection, the

 

department shall prorate payments under this section on an equal per-pupil basis.

 

       SEC. 23F. (1) FROM THE APPROPRIATION IN SECTION 11, THERE IS ALLOCATED FOR 2018-

 

2019 AN AMOUNT NOT TO EXCEED $64,100,000.00 FOR STATE FOUNDATION ALLOWANCE PAYMENTS AS

 

CALCULATED UNDER SECTION 20 TO DISTRICTS FOR NONPUBLIC PART-TIME PUPILS ENROLLED IN

 

DISTRICTS IN ACCORDANCE WITH SECTION 166B AND COUNTED IN MEMBERSHIP UNDER SECTION 6.

 

MONEY ALLOCATED UNDER THIS SECTION THAT IS NOT EXPENDED IN THE STATE FISCAL YEAR FOR

 

WHICH IT WAS ALLOCATED, AS DETERMINED BY THE DEPARTMENT, MAY BE USED TO SUPPLEMENT THE

 

ALLOCATIONS UNDER SECTIONS 22A, 22B, AND 51C IN ORDER TO FULLY FUND THOSE CALCULATED

 

ALLOCATIONS FOR THE SAME FISCAL YEAR.

 

       (2) PAYMENTS TO DISTRICTS UNDER THIS SECTION SHALL BE EQUAL TO THE AMOUNT THAT

 

WOULD OTHERWISE BE PAID IN SECTION 22A AND SECTION 22B IF THE DISTRICT’S MEMBERSHIP

 

USED TO CALCULATE THOSE PAYMENTS WERE EQUAL TO THE NUMBER OF NONPUBLIC PUPILS IN


MEMBERSHIP, AS DEFINED IN THIS SECTION.

 

       (3) IN ORDER TO RECEIVE AN ALLOCATION UNDER SUBSECTION (1), DISTRICTS SHALL DO

 

ALL OF THE FOLLOWING:

 

       (A) THE DISTRICT SHALL ENSURE THAT ALL INDIVIDUALS THAT HAVE CONTACT WITH

 

STUDENTS AS PART OF A COURSE PROVIDING SERVICES TO PUPILS ENROLLED IN THE DISTRICT

 

UNDER SECTION 166B AND COUNTED IN MEMBERSHIP UNDER SECTION 6 HAVE NOT BEEN CONVICTED

 

OF SEXUAL MISCONDUCT. THE DISTRICT SHALL ENSURE THAT ANY PERSON WHO PROVIDES DIRECT OR

 

INDIRECT CURRICULAR OFFERINGS TO PUPILS AS PART OF AN OPTIONAL OR REQUIRED PORTION OF

 

A COURSE PROVIDING SERVICES TO PUPILS ENROLLED IN THE DISTRICT UNDER SECTION 166B AND

 

COUNTED IN MEMBERSHIP UNDER SECTION 6, OR WHO HAS UNSUPERVISED CONTACT WITH PUPILS AS

 

PART OF SUCH COURSE, RECEIVE THE SAME CRIMINAL HISTORY AND CRIMINAL RECORDS CHECKS AS

 

EMPLOYEES OF THE DISTRICT, AS REQUIRED IN SECTION 1230, 1230A, 1230B, 1230C, 1230D,

 

1230E, AND 1230G OF THE REVISED SCHOOL CODE, 380.1230, 380.1230A, 380.1230B,

 

380.1230C, 380.1230D, 380.1230E, AND 380.1230G.

 

       (B) IF A COURSE PROVIDING SERVICES TO PUPILS ENROLLED IN THE DISTRICT UNDER

 

SECTION 166B AND COUNTED IN MEMBERSHIP UNDER SECTION 6 HAS AN ASSOCIATED OPTIONAL

 

EXPERIENCE, THE DISTRICT SHALL ENSURE THAT THE OPTIONAL EXPERIENCE IS OFFERED ON A

 

SCHEDULE THAT WOULD MAKE IT FULLY AVAILABLE TO THE MAJORITY OF FULL-TIME PUPILS IN

 

MEMBERSHIP IN THE DISTRICT IN THE SAME GRADE LEVEL OR AGE GROUP AS STUDENTS

 

PARTICIPATING IN THE COURSE AND ENROLLING IN THE DISTRICT UNDER SECTION 166B.

 

       (C) THE DISTRICT SHALL PROVIDE THE DEPARTMENT, IN A FORM AND MANNER PRESCRIBED BY

 

THE DEPARTMENT IN CONJUNCTION WITH THE CENTER, INFORMATION NECESSARY TO QUANTIFY THE

 

FOLLOWING:

 

       (i) A COMPLETE LISTING OF ALL COURSES IN WHICH STUDENTS REPORTED FOR MEMBERSHIP

 

IN THE DISTRICT HAVE BEEN SERVED.

 

       (ii) COURSE ENROLLMENTS BY EACH PARTICIPANT USING LOCAL CODING AND THE SCHOOL

 

CODES FOR THE EXCHANGE OF DATA (SCED).


       (iii) IDENTIFICATION OF THE COURSE TEACHER OR MENTOR.

 

       (iv) OUTCOMES FOR EACH STUDENT IN EACH COURSE.

 

       (4) AS USED IN THIS SECTION "NONPUBLIC PUPILS IN MEMBERSHIP" MEANS THE NUMBER OF

 

FULL-TIME EQUATED NONPUBLIC SCHOOL PUPILS ENROLLED IN THE DISTRICT IN ACCORDANCE WITH

 

SECTION 166B AND COUNTED IN MEMBERSHIP UNDER SECTION 6. THIS NUMBER SHALL NOT EXCEED

 

AN AMOUNT EQUAL TO 5% OF THE AMOUNT CALCULATED BY SUBSTRACTING THE DISTRICT’S

 

MEMBERSHIP UNDER SECTION 6 BY THE NUMBER OF FULL-TIME EQUATED NONPUBLIC SCHOOL PUPILS

 

ENROLLED IN THE DISTRICT IN ACCORDANCE WITH SECTION 166B AND COUNTED IN MEMBERSHIP

 

UNDER SECTION 6.

 

       Sec. 24. (1) From the appropriation in section 11, there is allocated for 2017-

 

2018 2018-2019 an amount not to exceed $8,000,000.00 for payments to the educating

 

district or intermediate district for educating pupils assigned by a court or the

 

department of health and human services to reside in or to attend a juvenile detention

 

facility or child caring institution licensed by the department of health and human

 

services and approved by the department to provide an on-grounds education program.

 

The amount of the payment under this section to a district or intermediate district

 

shall be calculated as prescribed under subsection (2).

 

       (2) The total amount allocated under this section shall be allocated by paying to

 

the educating district or intermediate district an amount equal to the lesser of the

 

district's or intermediate district's added cost or the department's approved per-

 

pupil allocation for the district or intermediate district. For the purposes of this

 

subsection:

 

       (a) "Added cost" means 100% of the added cost each fiscal year for educating all

 

pupils assigned by a court or the department of health and human services to reside in

 

or to attend a juvenile detention facility or child caring institution licensed by the

 

department of health and human services or the department of licensing and regulatory

 

affairs and approved by the department to provide an on-grounds education program.


Added cost shall be computed by deducting all other revenue received under this

 

article for pupils described in this section from total costs, as approved by the

 

department, in whole or in part, for educating those pupils in the on-grounds

 

education program or in a program approved by the department that is located on

 

property adjacent to a juvenile detention facility or child caring institution. Costs

 

reimbursed by federal funds are not included.

 

       (b) "Department's approved per-pupil allocation" for a district or intermediate

 

district shall be determined by dividing the total amount allocated under this section

 

for a fiscal year by the full-time equated membership total for all pupils approved by

 

the department to be funded under this section for that fiscal year for the district

 

or intermediate district.

 

       (3) A district or intermediate district educating pupils described in this

 

section at a residential child caring institution may operate, and receive funding

 

under this section for, a department-approved on-grounds educational program for those

 

pupils that is longer than 181 days, but not longer than 233 days, if the child caring

 

institution was licensed as a child caring institution and offered in 1991-92 an on-

 

grounds educational program that was longer than 181 days but not longer than 233 days

 

and that was operated by a district or intermediate district.

 

       (4) Special education pupils funded under section 53a shall not be funded under

 

this section.

 

       Sec. 24a. From the appropriation in section 11, there is allocated an amount not

 

to exceed $1,339,000.00 $1,355,700.00 for 2017-2018 2018-2019 for payments to

 

intermediate districts for pupils who are placed in juvenile justice service

 

facilities operated by the department of health and human services. Each intermediate

 

district shall receive an amount equal to the state share of those costs that are

 

clearly and directly attributable to the educational programs for pupils placed in

 

facilities described in this section that are located within the intermediate


district's boundaries. The intermediate districts receiving payments under this

 

section shall cooperate with the department of health and human services to ensure

 

that all funding allocated under this section is utilized by the intermediate district

 

and department of health and human services for educational programs for pupils

 

described in this section. Pupils described in this section are not eligible to be

 

funded under section 24. However, a program responsibility or other fiscal

 

responsibility associated with these pupils shall not be transferred from the

 

department of health and human services to a district or intermediate district unless

 

the district or intermediate district consents to the transfer.

 

       Sec. 24c. From the appropriation in section 11, there is allocated an amount not

 

to exceed $1,528,400.00 $1,545,400.00 for 2017-2018 2018-2019 for payments to

 

districts for pupils who are enrolled in a nationally administered community-based

 

education and youth mentoring program, known as the youth challenge program, that is

 

administered by the department of military and veterans affairs. Both of the following

 

apply to a district receiving payments under this section:

 

       (a) The district shall contract with the department of military and veterans

 

affairs to ensure that all funding allocated under this section is utilized by the

 

district and the department of military and veterans affairs for the youth challenge

 

program.

 

       (b) The district may retain for its administrative expenses an amount not to

 

exceed 3% of the amount of the payment the district receives under this section.

 

       Sec. 25e. (1) The pupil membership transfer application and pupil transfer

 

process administered by the center under this section shall be used for processing

 

pupil transfers.

 

       (2) If a pupil counted in membership for the pupil membership count day transfers

 

from a district or intermediate district to enroll in another district or intermediate

 

district after the pupil membership count day and before the supplemental count day


and, due to the pupil's enrollment and attendance status as of the pupil membership

 

count day, the pupil was not counted in membership in the educating district or

 

intermediate district, the educating district or intermediate district may report the

 

enrollment and attendance information to the center through the pupil transfer process

 

within 30 days after the transfer or within 30 days after the pupil membership count

 

certification date, whichever is later. Pupil transfers may be submitted no earlier

 

than the first day after the certification deadline for the pupil membership count day

 

and before the supplemental count day. Upon receipt of the transfer information under

 

this subsection indicating that a pupil has enrolled and is in attendance in an

 

educating district or intermediate district as described in this subsection, the pupil

 

transfer process shall do the following:

 

       (a) Notify the district in which the pupil was previously enrolled.

 

       (b) Notify both the pupil auditing staff of the intermediate district in which

 

the educating district is located and the pupil auditing staff of the intermediate

 

district in which the district that previously enrolled the pupil is located. The

 

pupil auditing staff shall investigate a representative sample based on required audit

 

sample sizes in the pupil auditing manual and may deny the pupil membership transfer.

 

       (c) Aggregate the districtwide changes and notify the department for use in

 

adjusting the state aid payment system.

 

       (3) The department shall do all of the following:

 

       (a) Adjust the membership calculation for each district or intermediate district

 

in which the pupil was previously counted in membership or that previously received an

 

adjustment in its membership calculation under this section due to a change in the

 

pupil's enrollment and attendance so that the district's or intermediate district's

 

membership is prorated to allow the district or intermediate district to receive for

 

each school day, as determined by the financial calendar furnished by the center, in

 

which the pupil was enrolled and in attendance in the district or intermediate


district an amount equal to 1/105 of a full-time equated membership claimed in the

 

fall pupil membership count. The district or intermediate district shall receive a

 

prorated foundation allowance in an amount equal to the product of the adjustment

 

under this subdivision for the district or intermediate district multiplied by the

 

foundation allowance or per-pupil payment as calculated under section 20 for the

 

district or intermediate district. The foundation allowance or per-pupil payment shall

 

be adjusted by the pupil's full-time equated status as affected by the membership

 

definition under section 6(4).

 

       (b) Adjust the membership calculation for the educating district or intermediate

 

district in which the pupil is enrolled and is in attendance so that the district's or

 

intermediate district's membership is increased to allow the district or intermediate

 

district to receive an amount equal to the difference between the full-time equated

 

membership claimed in the fall pupil membership count and the sum of the adjustments

 

calculated under subdivision (a) for each district or intermediate district in which

 

the pupil was previously enrolled and in attendance. The educating district or

 

intermediate district shall receive a prorated foundation allowance in an amount equal

 

to the product of the adjustment under this subdivision for the educating district or

 

intermediate district multiplied by the per-pupil payment as calculated under section

 

20 for the educating district or intermediate district. The foundation allowance or

 

per-pupil payment shall be adjusted by the pupil's full-time equated status as

 

affected by the membership definition under section 6(4).

 

       (4) The changes in calculation of state school aid required under subsection (3)

 

shall take effect as of the date that the pupil becomes enrolled and in attendance in

 

the educating district or intermediate district, and the department shall base all

 

subsequent payments under this article for the fiscal year to the affected districts

 

or intermediate districts on this recalculation of state school aid.

 

       (5) If a pupil enrolls in an educating district or intermediate district as


described in subsection (2), the district or intermediate district in which the pupil

 

is counted in membership or another educating district or intermediate district that

 

received an adjustment in its membership calculation under subsection (3), if any, and

 

the educating district or intermediate district shall provide to the center and the

 

department all information they require to comply with this section.

 

       (6) The portion of the full-time equated pupil membership for which a pupil is

 

enrolled in 1 or more online courses under section 21f that is representative of the

 

amount that the primary district paid in course costs to the course provider shall not

 

be counted or transferred under the pupil transfer process under this section.

 

       (7) It is the intent of the legislature that the center determine the number of

 

pupils who did not reside in this state as of the 2018-2019 pupil membership count day

 

but who newly enrolled in a district or intermediate district after that pupil

 

membership count day and before the 2018-2019 supplemental count day. It is the intent

 

of the legislature that the center further determine the number of pupils who were

 

counted in membership for the 2018-2019 pupil membership count day but who left this

 

state before the 2018-2019 supplemental count day. In 2019-2020, the center shall

 

provide a report to the senate and house appropriations subcommittees on state school

 

aid, and to the senate and house fiscal agencies, detailing the number of pupils

 

transferring in from another state or transferring out from this state OUTSIDE THE

 

MICHIGAN PUBLIC EDUCATION SYSTEM AND THE NUMBER OF PUPILS TRANSFERRING OUT OF THE

 

MICHIGAN PUBLIC EDUCATION SYSTEM between the pupil membership count day and

 

supplemental count day as described in this subsection. The center shall include in

 

the report a discussion of benefits and obstacles to developing a pupil enrollment

 

process for pupils who newly enroll in a district or intermediate district after the

 

pupil membership count day and before the supplemental count day, and developing a

 

process for deducting pupils who were counted on the pupil membership count day and

 

transfer out of this state before the supplemental count day.


       (8) As used in this section:

 

       (a) "Educating district or intermediate district" means the district or

 

intermediate district in which a pupil enrolls after the pupil membership count day or

 

after an adjustment was made in another district's or intermediate district's

 

membership calculation under this section due to the pupil's enrollment and

 

attendance.

 

       (b) "Pupil" means that term as defined under section 6 and also children

 

receiving early childhood special education programs and services.

 

       Sec. 25f. (1) From the state school aid fund money appropriated in section 11,

 

there is allocated an amount not to exceed $750,000.00 for 2017-2018 2018-2019 for

 

payments to strict discipline academies established under sections 1311b to 1311m of

 

the revised school code, MCL 380.1311b to 380.1311m, as provided under this section.

 

       (2) In order to receive funding under this section, a strict discipline academy

 

shall first comply with section 25e and use the pupil transfer process under that

 

section for changes in enrollment as prescribed under that section.

 

       (3) The total amount allocated to a strict discipline academy under this section

 

is an amount equal to the lesser of the strict discipline academy's added cost or the

 

department's approved per-pupil allocation for the strict discipline academy. However,

 

the sum of the amounts received by a strict discipline academy under this section and

 

under section 24 shall not exceed the product of the strict discipline academy's per-

 

pupil allocation calculated under section 20 multiplied by the strict discipline

 

academy's full-time equated membership. The department shall allocate funds to strict

 

discipline academies under this section on a monthly basis. For the purposes of this

 

subsection:

 

       (a) "Added cost" means 100% of the added cost each fiscal year for educating all

 

pupils enrolled and in regular daily attendance at a strict discipline academy. Added

 

cost shall be computed by deducting all other revenue received under this article for


pupils described in this subsection from total costs, as approved by the department,

 

in whole or in part, for educating those pupils in a strict discipline academy. The

 

department shall include all costs including, but not limited to, educational costs,

 

insurance, management fees, technology costs, legal fees, auditing fees, interest,

 

pupil accounting costs, and any other administrative costs necessary to operate the

 

program or to comply with statutory requirements. Costs reimbursed by federal funds

 

are not included.

 

       (b) "Department's approved per-pupil allocation" for a strict discipline academy

 

shall be determined by dividing the total amount allocated under this subsection for a

 

fiscal year by the full-time equated membership total for all pupils approved by the

 

department to be funded under this subsection for that fiscal year for the strict

 

discipline academy.

 

       (4) Special education pupils funded under section 53a shall not be funded under

 

this section.

 

       (5) If the funds allocated under this section are insufficient to fully fund the

 

adjustments under subsection (3), payments under this section shall be prorated on an

 

equal per-pupil basis.

 

       (6) Payments to districts under this section shall be made according to the

 

payment schedule under section 17b.

 

       Sec. 25g. (1) From the state school aid fund money appropriated in section 11,

 

there is allocated an amount not to exceed $750,000.00 for 2017-2018 2018-2019 for the

 

purposes of this section. If the operation of the special membership counting

 

provisions under section 6(4)(dd) and the other membership counting provisions under

 

section 6(4) result in a pupil being counted as more than 1.0 FTE in a fiscal year,

 

then the payment made for the pupil under sections 22a and 22b shall not be based on

 

more than 1.0 FTE for that pupil, and that portion of the FTE that exceeds 1.0 shall

 

be paid under this section in an amount equal to that portion multiplied by the


educating district's foundation allowance or per-pupil payment calculated under

 

section 20.

 

       (2) Special education pupils funded under section 53a shall not be funded under

 

this section.

 

       (3) If the funds allocated under this section are insufficient to fully fund the

 

adjustments under subsection (1), payments under this section shall be prorated on an

 

equal per-pupil basis.

 

       (4) Payments to districts under this section shall be made according to the

 

payment schedule under section 17b.

 

       Sec. 26a. From the funds appropriated in section 11, there is allocated an amount

 

not to exceed $17,000,000.00 each fiscal year for 2016-2017 and for 2017-2018

 

$15,000,000.00 FOR FISCAL YEAR 2018-2019 to reimburse districts and intermediate

 

districts pursuant to section 12 of the Michigan renaissance zone act, 1996 PA 376,

 

MCL 125.2692, for taxes levied in 2016 and 2017 as applicable 2018. The allocations

 

shall be made not later than 60 days after the department of treasury certifies to the

 

department and to the state budget director that the department of treasury has

 

received all necessary information to properly determine the amounts due to each

 

eligible recipient.

 

       Sec. 26b. (1) From the appropriation in section 11, there is allocated for 2017-

 

2018 2018-2019 an amount not to exceed $4,405,100.00 for payments to districts,

 

intermediate districts, and community college districts for the portion of the payment

 

in lieu of taxes obligation that is attributable to districts, intermediate districts,

 

and community college districts pursuant to section 2154 of the natural resources and

 

environmental protection act, 1994 PA 451, MCL 324.2154.

 

       (2) If the amount appropriated under this section is not sufficient to fully pay

 

obligations under this section, payments shall be prorated on an equal basis among all

 

eligible districts, intermediate districts, and community college districts.


       Sec. 26c. (1) From the appropriation in section 11, there is allocated an amount

 

not to exceed $1,500,000.00 $3,000,000.00 for 2017-2018 2018-2019 to the promise zone

 

fund created in subsection (3). The funds allocated under this section reflect the

 

amount of revenue from the collection of the state education tax captured under

 

section 17(2) of the Michigan promise zone authority act, 2008 PA 549, MCL 390.1677.

 

       (2) Funds allocated to the promise zone fund under this section shall be used

 

solely for payments to eligible districts and intermediate districts, in accordance

 

with section 17(3) of the Michigan promise zone authority act, 2008 PA 549, MCL

 

390.1677, that have a promise zone development plan approved by the department of

 

treasury under section 7 of the Michigan promise zone authority act, 2008 PA 549, MCL

 

390.1667. Eligible districts and intermediate districts shall use payments made under

 

this section for reimbursement for qualified educational expenses as defined in

 

section 3 of the Michigan promise zone authority act, 2008 PA 549, MCL 390.1663.

 

       (3) The promise zone fund is created as a separate account within the state

 

school aid fund to be used solely for the purposes of the Michigan promise zone

 

authority act, 2008 PA 549, MCL 390.1661 to 390.1679. All of the following apply to

 

the promise zone fund:

 

       (a) The state treasurer shall direct the investment of the promise zone fund. The

 

state treasurer shall credit to the promise zone fund interest and earnings from fund

 

investments.

 

       (b) Money in the promise zone fund at the close of a fiscal year shall remain in

 

the promise zone fund and shall not lapse to the general fund.

 

       (4) Subject to subsection (2), the state treasurer may make payments from the

 

promise zone fund to eligible districts and intermediate districts pursuant to the

 

Michigan promise zone authority act, 2008 PA 549, MCL 390.1661 to 390.1679, to be used

 

for the purposes of a promise zone authority created under that act.

 

       (5) Notwithstanding section 17b, payments under this section shall be paid on a


schedule determined by the department.

 

       Sec. 31a. (1) From the state school aid fund money appropriated in section 11,

 

there is allocated for 2017-2018 2018-2019 an amount not to exceed $510,207,300.00 for

 

payments to eligible districts and eligible public school academies for the purposes

 

of ensuring that pupils are proficient in English language arts by the end of grade 3,

 

that pupils are proficient in mathematics by the end of grade 8, that pupils are

 

attending school regularly, that high school graduates are career and college ready,

 

THAT DISTRICTS IMPLEMENT WITH FIDELITY A MULTI-TIERED SYSTEM OF SUPPORTS, and for the

 

purposes under subsections (7) and (8).

 

       (2) For a district that has combined state and local revenue per membership pupil

 

under sections 20 and 20m that is greater than the basic foundation allowance under

 

section 20 for the current fiscal year, the allocation under this section shall be an

 

amount equal to 30% of the allocation for which it would otherwise be eligible under

 

this section before any proration under subsection (14).

 

       (3) For a district or public school academy to be eligible to receive funding

 

under this section, other than funding under subsection (7) or (8), the district or

 

public school academy, for grades K to 3, 12, shall comply with the requirements under

 

section 1280f of the revised school code, MCL 380.1280f, and SHALL use resources to

 

address early literacy AND NUMERACY, and for at least grades 4 K to 8 or, if the

 

district or public school academy does not operate all of grades 4 K to 8, for all of

 

the grades it operates, must implement a multi-tiered system of supports that is an

 

evidence-based model FRAMEWORK that uses data-driven problem solving to integrate

 

academic and behavioral instruction and that uses intervention delivered to all pupils

 

in varying intensities based on pupil needs. FOR ENGLISH LEARNERS, THE DISTRICT SHALL

 

IMPLEMENT CULTURALLY AND LINGUISTICALLY RESPONSIVE TEACHING STRATEGIES FOCUSED ON

 

ACADEMIC LANGUAGE DEVELOPMENT ALIGNED WITH STATE ENGLISH LANGUAGE PROFICIENCY

 

STANDARDS. This THE multi-tiered system of supports DESCRIBED UNDER THIS SUBSECTION


must provide at least all of the following essential elements COMPONENTS:

 

       (a) Implements effective instruction for all learners. TEAM BASED LEADERSHIP.

 

       (b) Intervenes early. TIERED DELIVERY SYSTEM.

 

       (c) Provides a multi-tiered model of instruction and intervention that provides

 

the following: SELECTION AND IMPLEMENTATION OF INSTRUCTION, INTERVENTIONS, AND

 

SUPPORTS.

 

       (i) A core curriculum and classroom interventions available to all pupils that

 

meet the needs of most pupils.

 

       (ii) Targeted group interventions.

 

       (iii) Intense individual interventions.

 

       (d) Monitors pupil progress to inform instruction. COMPREHENSIVE SCREENING AND

 

ASSESSMENT SYSTEM.

 

       (e) Uses data to make instructional decisions. CONTINUOUS DATA-BASED DECISION

 

MAKING.

 

       (f) Uses assessments including universal screening, diagnostics, and progress

 

monitoring.

 

       (g) Engages families and the community.

 

       (h) Implements evidence-based, scientifically validated, instruction and

 

intervention.

 

       (i) Implements instruction and intervention practices with fidelity.

 

       (j) Uses a collaborative problem-solving model.

 

       (4) Except as otherwise provided in this subsection, an eligible district or

 

eligible public school academy shall receive under this section for each membership

 

pupil in the district or public school academy who is determined to be economically

 

disadvantaged, as reported to the center in the form and manner prescribed by the

 

center not later than the fifth Wednesday after the pupil membership count day of the

 

immediately preceding fiscal year, an amount per pupil equal to 11.5% of the statewide


weighted average foundation allowance. However, a public school academy that began

 

operations as a public school academy after the pupil membership count day of the

 

immediately preceding school year shall receive under this section for each membership

 

pupil in the public school academy, who is determined to be economically

 

disadvantaged, as reported to the center in the form and manner prescribed by the

 

center not later than the fifth Wednesday after the pupil membership count day of the

 

current fiscal year, an amount per pupil equal to 11.5% of the statewide weighted

 

average foundation allowance.

 

       (5) Except as otherwise provided in this section, a district or public school

 

academy receiving funding under this section shall use that money only to provide

 

instructional programs and direct noninstructional services, including, but not

 

limited to, medical, mental health, or counseling services, for at-risk pupils; for

 

school health clinics; and for the purposes of subsection (6), (7), or (8). In

 

addition, a district that is a school district of the first class or a district or

 

public school academy in which at least 50% of the pupils in membership were

 

determined to be economically disadvantaged in the immediately preceding state fiscal

 

year, as determined and reported as described in subsection (4), may use not more than

 

20% of the funds it receives under this section for school security. A district or

 

public school academy shall not use any of that money for administrative costs. The

 

instruction or direct noninstructional services provided under this section may be

 

conducted before or after regular school hours or by adding extra school days to the

 

school year.

 

       (6) A district or public school academy that receives funds under this section

 

and that operates a school breakfast program under section 1272a of the revised school

 

code, MCL 380.1272a, shall use from the funds received under this section an amount,

 

not to exceed $10.00 per pupil for whom the district or public school academy receives

 

funds under this section, necessary to pay for costs associated with the operation of


the school breakfast program.

 

       (7) From the funds allocated under subsection (1), there is allocated for 2017-

 

2018 2018-2019 an amount not to exceed $6,057,300.00 to support primary health care

 

services provided to children and adolescents up to age 21. These funds shall be

 

expended in a form and manner determined jointly by the department and the department

 

of health and human services. If any funds allocated under this subsection are not

 

used for the purposes of this subsection for the fiscal year in which they are

 

allocated, those unused funds shall be used that fiscal year to avoid or minimize any

 

proration that would otherwise be required under subsection (14) for that fiscal year.

 

       (8) From the funds allocated under subsection (1), there is allocated for 2017-

 

2018 2018-2019 an amount not to exceed $5,150,000.00 for the state portion of the

 

hearing and vision screenings as described in section 9301 of the public health code,

 

1978 PA 368, MCL 333.9301. A local public health department shall pay at least 50% of

 

the total cost of the screenings. The frequency of the screenings shall be as required

 

under R 325.13091 to R 325.13096 and R 325.3271 to R 325.3276 of the Michigan

 

Administrative Code. Funds shall be awarded in a form and manner approved jointly by

 

the department and the department of health and human services. Notwithstanding

 

section 17b, payments to eligible entities under this subsection shall be paid on a

 

schedule determined by the department.

 

       (9) Each district or public school academy receiving funds under this section

 

shall submit to the department by July 15 of each fiscal year a report, in the form

 

and manner prescribed by the department, that includes a brief description of each

 

program conducted or services performed by the district or public school academy using

 

funds under this section, the amount of funds under this section allocated to each of

 

those programs or services, the total number of at-risk pupils served by each of those

 

programs or services, and the data necessary for the department and the department of

 

health and human services to verify matching funds for the temporary assistance for


needy families program. In prescribing the form and manner of the report, the

 

department shall ensure that districts are allowed to expend funds received under this

 

section on any activities that are permissible under this section. If a district or

 

public school academy does not comply with this subsection, the department shall

 

withhold an amount equal to the August payment due under this section until the

 

district or public school academy complies with this subsection. If the district or

 

public school academy does not comply with this subsection by the end of the state

 

fiscal year, the withheld funds shall be forfeited to the school aid fund.

 

       (10) In order to receive funds under this section, a district or public school

 

academy shall allow access for the department or the department's designee to audit

 

all records related to the program for which it receives those funds. The district or

 

public school academy shall reimburse the state for all disallowances found in the

 

audit.

 

       (11) Subject to subsections (6), (7), and (8), IN SCHOOLS WHERE GREATER THAN 50%

 

OF PUPILS ARE IDENTIFIED AS AT-RISK, a district or public school academy may use up to

 

100% of the funds it receives under this section to implement schoolwide reform in

 

schools with 40% or more of their pupils identified as at-risk pupils by providing

 

instructional or noninstructional services consistent with the school improvement

 

plan. REFORMS BY PROVIDING INSTRUCTIONAL OR NONINSTRUCTIONAL SERVICES CONSISTENT WITH

 

THE SCHOOL IMPROVEMENT PLAN THAT ARE TIER 1 EVIDENCE BASED, HIGH QUALITY ACADEMIC,

 

BEHAVIORAL, AND SOCIAL-EMOTIONAL INSTRUCTION, AND PART OF THE DISTRICT’S MULTI-TIERED

 

SYSTEM OF SUPPORT. DECISIONS ON IMPLEMENTING SCHOOLWIDE REFORMS SHALL BE GUIDED BY THE

 

DISTRICT’S COMPREHENSIVE NEEDS ASSESSMENT AND SHALL BE INCLUDED IN THE DISTRICT

 

IMPROVEMENT PLAN. SCHOOLWIDE REFORMS SHALL FEATURE PARENT AND COMMUNITY SUPPORTS,

 

ACTIVITIES, AND SERVICES, WHICH MAY INCLUDE THE PATHWAYS TO POTENTIAL PROGRAM CREATED

 

BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES OR THE COMMUNITIES IN SCHOOLS PROGRAM.

 

       (12) A district or public school academy that receives funds under this section


may use up to 3% 5 PERCENT of those funds to provide research-based professional

 

development AND TO IMPLEMENT A COACHING MODEL THAT SUPPORTS THE MULTI-TIERED SYSTEM OF

 

SUPPORTS FRAMEWORK. PROFESSIONAL DEVELOPMENT MAY BE PROVIDED to district and school

 

leadership and teachers AND SHALL BE that is aligned to professional learning

 

standards; is integrated into district, school building, and classroom practices; and

 

is solely related to the following:

 

       (a) Implementing the multi-tiered system of supports required in subsection (3)

 

with fidelity and utilizing the data from that system to inform curriculum and

 

instruction.

 

       (b) Implementing section 1280f of the revised school code, MCL 380.1280f, as

 

required under subsection (3), with fidelity.

 

       (13) A district or public school academy that receives funds under this section

 

may use funds received under this section to support instructional or behavioral

 

coaches. Funds used for this purpose are not subject to the cap under subsection (12).

 

       (14) If necessary, and before any proration required under section 296, the

 

department shall prorate payments under this section by reducing the amount of the

 

allocation as otherwise calculated under this section by an equal percentage per

 

district.

 

       (15) If a district is dissolved pursuant to section 12 of the revised school

 

code, MCL 380.12, the intermediate district to which the dissolved school district was

 

constituent shall determine the estimated number of pupils that are economically

 

disadvantaged and that are enrolled in each of the other districts within the

 

intermediate district and provide that estimate to the department for the purposes of

 

distributing funds under this section within 60 days after the school district is

 

declared dissolved.

 

       (16) Beginning in 2018-2019, if a district or public school academy does not

 

demonstrate to the satisfaction of the department that at least 50% of at-risk pupils


are proficient in English language arts by the end of grade 3 as measured by the state

 

assessment for the immediately preceding school year and demonstrate to the

 

satisfaction of the department improvement over each of the 3 immediately preceding

 

school years in the percentage of at-risk pupils that are career- and college-ready as

 

determined by proficiency on the English language arts, mathematics, and science

 

content area assessments on the grade 11 summative assessment under section

 

1279g(2)(a) of the revised school code, MCL 380.1279g, the district or public school

 

academy shall ensure all of the following:

 

       (a) The district or public school academy shall determine the proportion of total

 

at-risk pupils that represents the number of pupils in grade 3 that are not proficient

 

in English language arts by the end of grade 3, and the district or public school

 

academy shall expend that same proportion multiplied by 1/2 of its total at-risk funds

 

under this section on tutoring and other methods of improving grade 3 English language

 

arts proficiency.

 

       (b) The district or public school academy shall determine the proportion of total

 

at-risk pupils that represent the number of pupils in grade 11 that are not career-

 

and college-ready as measured by the student's score on the English language arts,

 

mathematics, and science content area assessments on the grade 11 summative assessment

 

under section 1279g(2)(a) of the revised school code, MCL 380.1279g, and the district

 

or public school academy shall expend that same proportion multiplied by 1/2 of its

 

total at-risk funds under this section on tutoring and other activities to improve

 

scores on the college entrance examination portion of the Michigan merit examination.

 

ALL OF THE FOLLOWING APPLY FOR DISTRICTS AND PUBLIC SCHOOL ACADEMIES RECEIVING FUNDS

 

UNDER THIS SECTION:

 

       (A) IF A DISTRICT OR PUBLIC SCHOOL ACADEMY IS DETERMINED BY THE DEPARTMENT TO BE

 

BELOW THE STATEWIDE AVERAGE IN THE PERCENTAGE OF ECONOMICALLY DISADVANTAGED PUPILS WHO

 

ARE PROFICIENT IN ENGLISH LANGUAGE ARTS BY THE END OF GRADE 3, AS MEASURED ON THE


2017-2018 ENGLISH LANGUAGE ARTS STATE ASSESSMENT, THE DISTRICT OR PUBLIC SCHOOL

 

ACADEMY SHALL COMPLY WITH THE REQUIREMENTS DESCRIBED UNDER SUBDIVISION (D).

 

       (B) IF A DISTRICT OR PUBLIC SCHOOL ACADEMY IS DETERMINED BY THE DEPARTMENT TO BE

 

BELOW THE STATEWIDE AVERAGE IN THE PERCENTAGE OF ECONOMICALLY DISADVANTAGED PUPILS WHO

 

ARE PROFICIENT IN MATHEMATICS AT THE END OF GRADE 8, AS MEASURED ON THE 2017-2018

 

MATHEMATICS STATE ASSESSMENT, THE DISTRICT OR PUBLIC SCHOOL ACADEMY SHALL COMPLY WITH

 

THE REQUIREMENTS DESCRIBED UNDER SUBDIVISION (D).

 

       (C) IF A DISTRICT OR PUBLIC SCHOOL ACADEMY IS DETERMINED BY THE DEPARTMENT TO BE

 

BELOW THE STATEWIDE AVERAGE IN THE PERCENTAGE OF ECONOMICALLY DISADVANTAGED PUPILS

 

THAT ARE CAREER- AND COLLEGE-READY, AS DETERMINED BY PROFICIENCY ON THE ENGLISH

 

LANGUAGE ARTS, MATHEMATICS, AND SCIENCE CONTENT AREA ASSESSMENTS ON THE GRADE 11

 

SUMMATIVE ASSESSMENT UNDER SECTION 1279G(2)(A) OF THE REVISED SCHOOL CODE, MCL

 

380.1279G, THE DISTRICT OR PUBLIC SCHOOL ACADEMY SHALL COMPLY WITH THE REQUIREMENTS

 

DESCRIBED UNDER SUBDIVISION (D).

 

       (D) FOR DISTRICTS AND PUBLIC SCHOOL ACADEMIES BELOW THE STATEWIDE AVERAGES

 

DESCRIBED IN SUBDIVISION (A), SUBDIVISION (B), OR SUBDIVISION (C), THE DISTRICT OR

 

PUBLIC SCHOOL ACADEMY SHALL ACHIEVE AT LEAST ONE OF THE FOLLOWING BY OCTOBER 1, 2021

 

ON EACH OF THE GRADE-LEVEL AND SUBJECT-AREA ASSESSMENTS DESCRIBED IN THIS SUBSECTION:

 

       (i) THE DISTRICT OR PUBLIC SCHOOL ACADEMY HAS ATTAINED THE STATEWIDE AVERAGE IN

 

THE PERCENTAGE OF ECONOMICALLY DISADVANTAGED PUPILS WHO ARE PROFICIENT IN THE 2020-

 

2021 GRADE-LEVEL AND SUBJECT-AREA ASSESSMENTS DESCRIBED IN THIS SUBSECTION, AS

 

APPLICABLE. FOR THE PURPOSES OF COMPLYING WITH THIS SUBDIVISION, THE STATEWIDE AVERAGE

 

IN THE PERCENTAGE OF ECONOMICALLY DISADVANTAGED PUPILS WHO ARE PROFICIENT SHALL BE

 

DETERMINED BY THE DEPARTMENT USING DATA FROM THE 2017-18 STATE ASSESSMENTS FOR GRADE-

 

LEVEL AND SUBJECT-AREA ASSESSMENTS DESCRIBED IN THIS SUBSECTION.

 

       (ii) THE DISTRICT OR PUBLIC SCHOOL ACADEMY HAS ATTAINED AN IMPROVEMENT OF AT

 

LEAST 10 PERCENTAGE POINTS IN THE PERCENT OF ECONOMICALLY DISADVANTAGED PUPILS WHO ARE


PROFICIENT IN THE GRADE-LEVEL AND SUBJECT-AREA ASSESSMENTS DESCRIBED IN THIS

 

SUBSECTION ON THE 2020-2021 STATE ASSESSMENT COMPARED TO THE DISTRICT'S RESULTS ON THE

 

2017-2018 STATE ASSESSMENT IN THE APPLICABLE GRADES AND SUBJECT-AREAS.

 

       (17) As used in subsection (16), "total at-risk pupils" means the sum of the

 

number of pupils in grade 3 that are not proficient in English language arts by the

 

end of third grade as measured on the state assessment and the number of pupils in

 

grade 11 that are not career- and college-ready as measured by the student's score on

 

the English language arts, mathematics, and science content area assessments on the

 

grade 11 summative assessment under section 1279g(2)(a) of the revised school code,

 

MCL 380.1279g. FOR A DISTRICT OR PUBLIC SCHOOL ACADEMY NOT MEETING THE REQUIREMENTS

 

DESCRIBED IN SUBDIVISION (16)(D), THE SUPERINTENDENT SHALL ASSIGN A TEAM OF PERSONS

 

WITH EXPERTISE IN COMPREHENSIVE SCHOOL AND DISTRICT REFORM TO PARTNER WITH THE

 

DISTRICT OR PUBLIC SCHOOL ACADEMY, THE INTERMEDIATE DISTRICT, COMMUNITY ORGANIZATIONS,

 

LOCAL EMPLOYERS, EDUCATION ORGANIZATIONS, AND POSTSECONDARY INSTITUTIONS AS DETERMINED

 

BY THE SUPERINTENDENT TO CONDUCT AN EVALUATION THAT INCLUDES AT LEAST ALL OF THE

 

FOLLOWING:

 

       (A) A REVIEW OF THE DISTRICT’S OR PUBLIC SCHOOL ACADEMY’S IMPLEMENTATION AND

 

UTILIZATION OF ITS MULTI-TIERED SYSTEM OF SUPPORTS TO ENSURE IT IS BEING USED TO

 

APPROPRIATELY INFORM INSTRUCTION OF AT-RISK PUPILS AND MAKE RECOMMENDATIONS FOR

 

CHANGES.

 

       (B) AN ACADEMIC PERFORMANCE AUDIT THAT REVIEWS AT LEAST ALL OF THE FOLLOWING AND

 

INCLUDES RECOMMENDATIONS FOR CHANGES IF NECESSARY:

 

       (i) DISTRICT AND BUILDING LEADERSHIP AND EDUCATOR CAPACITY TO SUBSTANTIALLY

 

IMPROVE STUDENT OUTCOMES.

 

       (ii) CLASSROOM, INSTRUCTIONAL, AND OPERATIONAL PRACTICES AND CURRICULUM TO ENSURE

 

ALIGNMENT WITH RESEARCH-BASED INSTRUCTIONAL PRACTICES AND STATE CURRICULUM STANDARDS.

 

       (iii) A REVIEW OF THE DISTRICT’S OR PUBLIC SCHOOL ACADEMY’S USE OF FINANCIAL


RESOURCES WITH RECOMMENDATIONS TO MORE EFFECTIVELY USE THOSE RESOURCES TO IMPROVE

 

ACADEMIC ACHIEVEMENT FOR AT-RISK PUPILS. THESE RECOMMENDATIONS MUST INCLUDE A PLAN FOR

 

USING FUNDS RECEIVED UNDER THIS SECTION.

 

       (D) THE DISTRICT OR PUBLIC SCHOOL ACADEMY AND THE SUPERINTENDENT SHALL BECOME AN

 

EARLY WARNING DISTRICT AND MUST ADOPT A DISTRICT IMPROVEMENT PLAN THAT INCORPORATES AT

 

LEAST ALL OF THE RECOMMENDATIONS RESULTING FROM THE EVALUATION UNDER SUBDIVISION (A),

 

SPECIFIES THE ROLES AND RESPONSIBILITIES OF THE PARTNERS, ESTABLISHES 18-MONTH

 

BENCHMARKS, AND IS SIGNED BY THE PARTNERS AND APPROVED BY THE SUPERINTENDENT.

 

       (E) THE DISTRICT OR PUBLIC SCHOOL ACADEMY MUST SPEND FUNDS RECEIVED UNDER THIS

 

SECTION ONLY IN ACCORDANCE WITH THE PLAN INCLUDED UNDER SUBDIVISION (B)(III) AND SHALL

 

IMPLEMENT TIER 1 EVIDENCE BASED, HIGH QUALITY ACADEMIC AND SOCIAL-EMOTIONAL

 

INSTRUCTION AS A PART OF THEIR MULTI-TIERED SYSTEM OF SUPPORT.

 

       (18) A district or public school academy that receives funds under this section

 

may use funds received under this section to provide an anti-bullying or crisis

 

intervention program.

 

       (19) The department shall collaborate with the department of health and human

 

services to prioritize assigning Pathways to Potential Success coaches to elementary

 

schools that have a high percentage of pupils in grades K to 3 who are not proficient

 

in English language arts, based upon state assessments for pupils in those grades.

 

       (20) For the purpose of determining the number of economically disadvantaged

 

pupils enrolled in a community district for 2017-2018, disadvantaged pupils who were

 

enrolled in the education achievement system for 2016-2017 shall be considered to have

 

been enrolled in the community district for 2016-2017.

 

       (20) (21) As used in this section:

 

       (a) "At-risk pupil" means a pupil IN GRADES K TO 12 for whom the district has

 

documentation that the pupil meets any of the following criteria:

 

       (i) The pupil is economically disadvantaged.


       (ii) The pupil is an English language learner.

 

       (iii) The pupil is chronically absent as defined by and reported to the center.

 

       (iv) The pupil is a victim of child abuse or neglect.

 

       (v) The pupil is a pregnant teenager or teenage parent.

 

       (vi) The pupil has a family history of school failure, incarceration, or

 

substance abuse.

 

       (vii) The pupil is an immigrant who has immigrated within the immediately

 

preceding 3 years.

 

       (viii) The pupil did not complete high school in 4 years and is still continuing

 

in school as identified in the Michigan cohort graduation and dropout report.

 

       (ix) For pupils for whom the results of the state summative assessment have been

 

received, is a pupil who did not achieve proficiency on the English language arts,

 

mathematics, science, or social studies content area assessment.

 

       (x) Is a pupil who is at risk of not meeting the district's or public school

 

academy's core academic curricular objectives in English language arts or mathematics,

 

as demonstrated on local assessments.

 

       (b) "Economically disadvantaged" means a pupil who has been determined eligible

 

for free or reduced-price meals as determined under the Richard B. Russell national

 

school lunch act, 42 USC 1751 to 1769j; who is in a household receiving supplemental

 

nutrition assistance program or temporary assistance for needy families assistance; or

 

who is homeless, migrant, or in foster care, as reported to the center.

 

       (c) "English language learner" means limited English proficient pupils who speak

 

a language other than English as their primary language and have difficulty speaking,

 

reading, writing, or understanding English as reported to the center.

 

       (d) "Statewide weighted average foundation allowance" means the number that is

 

calculated by adding together the result of each district's or public school academy's

 

foundation allowance or per pupil payment calculated under section 20 multiplied by


the number of pupils in membership in that district or public school academy, and then

 

dividing that total by the statewide number of pupils in membership. For the purposes

 

of this calculation, a district's foundation allowance shall not exceed the basic

 

foundation allowance under section 20 for the current state fiscal year.

 

       Sec. 31d. (1) From the appropriations in section 11, there is allocated an amount

 

not to exceed $22,495,100.00 $23,144,000.00 for 2017-2018 2018-2019 for the purpose of

 

making payments to districts and other eligible entities under this section.

 

       (2) The amounts allocated from state sources under this section shall be used to

 

pay the amount necessary to reimburse districts for 6.0127% of the necessary costs of

 

the state mandated portion of the school lunch programs provided by those districts.

 

The amount due to each district under this section shall be computed by the department

 

using the methods of calculation adopted by the Michigan supreme court in the

 

consolidated cases known as Durant v State of Michigan, 456 Mich 175 (1997).

 

       (3) The payments made under this section include all state payments made to

 

districts so that each district receives at least 6.0127% of the necessary costs of

 

operating the state mandated portion of the school lunch program in a fiscal year.

 

       (4) The payments made under this section to districts and other eligible entities

 

that are not required under section 1272a of the revised school code, MCL 380.1272a,

 

to provide a school lunch program shall be in an amount not to exceed $10.00 per

 

eligible pupil plus 5 cents for each free lunch and 2 cents for each reduced price

 

lunch provided, as determined by the department.

 

       (5) From the federal funds appropriated in section 11, there is allocated for

 

2017-2018 2018-2019 all available federal funding, estimated at $520,000,000.00 for

 

the national school lunch program and all available federal funding, estimated at

 

$3,200,000.00 for the emergency food assistance program.

 

       (6) Notwithstanding section 17b, payments to eligible entities other than

 

districts under this section shall be paid on a schedule determined by the department.


       (7) In purchasing food for a school lunch program funded under this section,

 

preference shall be given to food that is grown or produced by Michigan businesses if

 

it is competitively priced and of comparable quality.

 

       Sec. 31f. (1) From the appropriations in section 11, there is allocated an amount

 

not to exceed $4,500,000.00 each fiscal year for 2016-2017 and for 2017-2018 FOR

 

FISCAL YEAR 2018-2019 for the purpose of making payments to districts to reimburse for

 

the cost of providing breakfast.

 

       (2) The funds allocated under this section for school breakfast programs shall be

 

made available to all eligible applicant districts that meet all of the following

 

criteria:

 

       (a) The district participates in the federal school breakfast program and meets

 

all standards as prescribed by 7 CFR parts 220 and 245.

 

       (b) Each breakfast eligible for payment meets the federal standards described in

 

subdivision (a).

 

       (3) The payment for a district under this section is at a per meal rate equal to

 

the lesser of the district's actual cost or 100% of the statewide average cost of a

 

breakfast served, as determined and approved by the department, less federal

 

reimbursement, participant payments, and other state reimbursement. The statewide

 

average cost shall be determined by the department using costs as reported in a manner

 

approved by the department for the preceding school year.

 

       (4) Notwithstanding section 17b, payments under this section may be made pursuant

 

to an agreement with the department.

 

       (5) In purchasing food for a school breakfast program funded under this section,

 

preference shall be given to food that is grown or produced by Michigan businesses if

 

it is competitively priced and of comparable quality.

 

       Sec. 32d. (1) From the funds appropriated in section 11, there is allocated to

 

eligible intermediate districts and consortia of intermediate districts for great


start readiness programs an amount not to exceed $243,600,000.00 for 2017-2018. 2018-

 

2019. Funds allocated under this section for great start readiness programs shall be

 

used to provide part-day, school-day, or GSRP/Head Start blended comprehensive free

 

compensatory classroom programs designed to improve the readiness and subsequent

 

achievement of educationally disadvantaged children who meet the participant

 

eligibility and prioritization guidelines as defined by the department. For a child to

 

be eligible to participate in a program under this section, the child shall be at

 

least 4, but less than 5, years of age as of September 1 of the school year in which

 

the program is offered and shall meet those eligibility and prioritization guidelines.

 

A child who is not 4 years of age as of September 1, but who will be 4 years of age

 

not later than December 1, is eligible to participate if the child's parent or legal

 

guardian seeks a waiver from the September 1 eligibility date by submitting a request

 

for enrollment in a program to the responsible intermediate district, if the program

 

has capacity on or after September 1 of the school year, and if the child meets

 

eligibility and prioritization guidelines.

 

       (2) Funds allocated under subsection (1) shall be allocated to intermediate

 

districts or consortia of intermediate districts based on the formula in section 39.

 

An intermediate district or consortium of intermediate districts receiving funding

 

under this section shall act as the fiduciary for the great start readiness programs.

 

In order to be eligible to receive funds allocated under this subsection from an

 

intermediate district or consortium of intermediate districts, a district, a

 

consortium of districts, or a public or private for-profit or nonprofit legal entity

 

or agency shall comply with this section and section 39.

 

       (3) In addition to the allocation under subsection (1), from the general fund

 

money appropriated under section 11, there is allocated an amount not to exceed

 

$300,000.00 for 2017-2018 2018-2019 for a competitive grant to continue a longitudinal

 

evaluation of children who have participated in great start readiness programs.


       (4) To be eligible for funding under this section, a program shall prepare

 

children for success in school through comprehensive part-day, school-day, or

 

GSRP/Head Start blended programs that contain all of the following program components,

 

as determined by the department:

 

       (a) Participation in a collaborative recruitment and enrollment process to assure

 

that each child is enrolled in the program most appropriate to his or her needs and to

 

maximize the use of federal, state, and local funds.

 

       (b) An age-appropriate educational curriculum that is in compliance with the

 

early childhood standards of quality for prekindergarten children adopted by the state

 

board, including, at least, the Connect4Learning curriculum.

 

       (c) Nutritional services for all program participants supported by federal,

 

state, and local resources as applicable.

 

       (d) Physical and dental health and developmental screening services for all

 

program participants.

 

       (e) Referral services for families of program participants to community social

 

service agencies, including mental health services, as appropriate.

 

       (f) Active and continuous involvement of the parents or guardians of the program

 

participants.

 

       (g) A plan to conduct and report annual great start readiness program evaluations

 

and continuous improvement plans using criteria approved by the department.

 

       (h) Participation in a school readiness advisory committee convened as a

 

workgroup of the great start collaborative that provides for the involvement of

 

classroom teachers, parents or guardians of program participants, and community,

 

volunteer, and social service agencies and organizations, as appropriate. The advisory

 

committee annually shall review and make recommendations regarding the program

 

components listed in this subsection. The advisory committee also shall make

 

recommendations to the great start collaborative regarding other community services


designed to improve all children's school readiness.

 

       (i) The ongoing articulation of the kindergarten and first grade programs offered

 

by the program provider.

 

       (j) Participation in this state's great start to quality process with a rating of

 

at least 3 stars.

 

       (5) An application for funding under this section shall provide for the

 

following, in a form and manner determined by the department:

 

       (a) Ensure compliance with all program components described in subsection (4).

 

       (b) Except as otherwise provided in this subdivision, ensure that at least 90% of

 

the children participating in an eligible great start readiness program for whom the

 

intermediate district is receiving funds under this section are children who live with

 

families with a household income that is equal to or less than 250% of the federal

 

poverty level. If the intermediate district determines that all eligible children are

 

being served and that there are no children on the waiting list who live with families

 

with a household income that is equal to or less than 250% of the federal poverty

 

level, the intermediate district may then enroll children who live with families with

 

a household income that is equal to or less than 300% of the federal poverty level.

 

The enrollment process shall consider income and risk factors, such that children

 

determined with higher need are enrolled before children with lesser need. For

 

purposes of this subdivision, all age-eligible children served in foster care or who

 

are experiencing homelessness or who have individualized education plans recommending

 

placement in an inclusive preschool setting shall be considered to live with families

 

with household income equal to or less than 250% of the federal poverty level

 

regardless of actual family income and shall be prioritized for enrollment within the

 

lowest quintile.

 

       (c) Ensure that the applicant only uses qualified personnel for this program, as

 

follows:


       (i) Teachers possessing proper training. A lead teacher must have a valid

 

teaching certificate with an early childhood (ZA or ZS) endorsement or a bachelor's or

 

higher degree in child development or early childhood education with specialization in

 

preschool teaching. However, if an applicant demonstrates to the department that it is

 

unable to fully comply with this subparagraph after making reasonable efforts to

 

comply, teachers who have significant but incomplete training in early childhood

 

education or child development may be used if the applicant provides to the

 

department, and the department approves, a plan for each teacher to come into

 

compliance with the standards in this subparagraph. A teacher's compliance plan must

 

be completed within 2 years of the date of employment. Progress toward completion of

 

the compliance plan shall consist of at least 2 courses per calendar year.

 

       (ii) Paraprofessionals possessing proper training in early childhood education,

 

including an associate's degree in early childhood education or child development or

 

the equivalent, or a child development associate (CDA) credential. However, if an

 

applicant demonstrates to the department that it is unable to fully comply with this

 

subparagraph after making reasonable efforts to comply, the applicant may use

 

paraprofessionals who have completed at least 1 course that earns college credit in

 

early childhood education or child development if the applicant provides to the

 

department, and the department approves, a plan for each paraprofessional to come into

 

compliance with the standards in this subparagraph. A paraprofessional's compliance

 

plan must be completed within 2 years of the date of employment. Progress toward

 

completion of the compliance plan shall consist of at least 2 courses or 60 clock

 

hours of training per calendar year.

 

       (d) Include a program budget that contains only those costs that are not

 

reimbursed or reimbursable by federal funding, that are clearly and directly

 

attributable to the great start readiness program, and that would not be incurred if

 

the program were not being offered. Eligible costs include transportation costs. The


program budget shall indicate the extent to which these funds will supplement other

 

federal, state, local, or private funds. Funds received under this section shall not

 

be used to supplant any federal funds received by the applicant to serve children

 

eligible for a federally funded preschool program that has the capacity to serve those

 

children.

 

       (6) For a grant recipient that enrolls pupils in a school-day program funded

 

under this section, each child enrolled in the school-day program shall be counted as

 

described in section 39 for purposes of determining the amount of the grant award.

 

       (7) For a grant recipient that enrolls pupils in a GSRP/Head Start blended

 

program, the grant recipient shall ensure that all Head Start and GSRP policies and

 

regulations are applied to the blended slots, with adherence to the highest standard

 

from either program, to the extent allowable under federal law.

 

       (8) An intermediate district or consortium of intermediate districts receiving a

 

grant under this section shall designate an early childhood coordinator, and may

 

provide services directly or may contract with 1 or more districts or public or

 

private for-profit or nonprofit providers that meet all requirements of subsections

 

(4) and (5).

 

       (9) An intermediate district or consortium of intermediate districts may retain

 

for administrative services provided by the intermediate district or consortium of

 

intermediate districts an amount not to exceed 4% of the grant amount. Expenses

 

incurred by subrecipients engaged by the intermediate district or consortium of

 

intermediate districts for directly running portions of the program shall be

 

considered program costs or a contracted program fee for service.

 

       (10) An intermediate district or consortium of intermediate districts may expend

 

not more than 2% of the total grant amount for outreach, recruiting, and public

 

awareness of the program.

 

       (11) Each grant recipient shall enroll children identified under subsection


(5)(b) according to how far the child's household income is below 250% of the federal

 

poverty level by ranking each applicant child's household income from lowest to

 

highest and dividing the applicant children into quintiles based on how far the

 

child's household income is below 250% of the federal poverty level, and then

 

enrolling children in the quintile with the lowest household income before enrolling

 

children in the quintile with the next lowest household income until slots are

 

completely filled. If the grant recipient determines that all eligible children are

 

being served and that there are no children on the waiting list who live with families

 

with a household income that is equal to or less than 250% of the federal poverty

 

level, the grant recipient may then enroll children who live with families with a

 

household income that is equal to or less than 300% of the federal poverty level. The

 

enrollment process shall consider income and risk factors, such that children

 

determined with higher need are enrolled before children with lesser need. For

 

purposes of this subdivision, all age-eligible children served in foster care or who

 

are experiencing homelessness or who have individualized education plans recommending

 

placement in an inclusive preschool setting shall be considered to live with families

 

with household income equal to or less than 250% of the federal poverty level

 

regardless of actual family income and shall be prioritized for enrollment within the

 

lowest quintile.

 

       (12) An intermediate district or consortium of intermediate districts receiving a

 

grant under this section shall allow parents of eligible children who are residents of

 

the intermediate district or within the consortium to choose a program operated by or

 

contracted with another intermediate district or consortium of intermediate districts

 

and shall enter into a written agreement regarding payment, in a manner prescribed by

 

the department.

 

       (13) An intermediate district or consortium of intermediate districts receiving a

 

grant under this section shall conduct a local process to contract with interested and


eligible public and private for-profit and nonprofit community-based providers that

 

meet all requirements of subsection (4) for at least 30% of its total allocation. For

 

the purposes of this 30% allocation, an intermediate district or consortium of

 

intermediate districts may count children served by a Head Start grantee or delegate

 

in a blended Head Start and great start readiness school-day program. Children served

 

in a program funded only through Head Start shall not be counted toward this 30%

 

allocation. The intermediate district or consortium shall report to the department, in

 

a manner prescribed by the department, a detailed list of community-based providers by

 

provider type, including private for-profit, private nonprofit, community college or

 

university, Head Start grantee or delegate, and district or intermediate district, and

 

the number and proportion of its total allocation allocated to each provider as

 

subrecipient. If the intermediate district or consortium is not able to contract for

 

at least 30% of its total allocation, the grant recipient shall notify the department

 

and, if the department verifies that the intermediate district or consortium attempted

 

to contract for at least 30% of its total allocation and was not able to do so, then

 

the intermediate district or consortium may retain and use all of its allocation as

 

provided under this section. To be able to use this exemption, the intermediate

 

district or consortium shall demonstrate to the department that the intermediate

 

district or consortium increased the percentage of its total allocation for which it

 

contracts with a community-based provider and the intermediate district or consortium

 

shall submit evidence satisfactory to the department, and the department must be able

 

to verify this evidence, demonstrating that the intermediate district or consortium

 

took measures to contract for at least 30% of its total allocation as required under

 

this subsection, including, but not limited to, at least all of the following

 

measures:

 

       (a) The intermediate district or consortium notified each nonparticipating

 

licensed child care center located in the service area of the intermediate district or


consortium regarding the center's eligibility to participate, in a manner prescribed

 

by the department.

 

       (b) The intermediate district or consortium provided to each nonparticipating

 

licensed child care center located in the service area of the intermediate district or

 

consortium information regarding great start readiness program requirements and a

 

description of the application and selection process for community-based providers.

 

       (c) The intermediate district or consortium provided to the public and to

 

participating families a list of community-based great start readiness program

 

subrecipients with a great start to quality rating of at least 3 stars.

 

       (14) If an intermediate district or consortium of intermediate districts

 

receiving a grant under this section fails to submit satisfactory evidence to

 

demonstrate its effort to contract for at least 30% of its total allocation, as

 

required under subsection (13), the department shall reduce the allocation to the

 

intermediate district or consortium by a percentage equal to the difference between

 

the percentage of an intermediate district's or consortium's total allocation awarded

 

to community-based providers and 30% of its total allocation.

 

       (15) In order to assist intermediate districts and consortia in complying with

 

the requirement to contract with community-based providers for at least 30% of their

 

total allocation, the department shall do all of the following:

 

       (a) Ensure that a great start resource center or the department provides each

 

intermediate district or consortium receiving a grant under this section with the

 

contact information for each licensed child care center located in the service area of

 

the intermediate district or consortium by March 1 of each year.

 

       (b) Provide, or ensure that an organization with which the department contracts

 

provides, a community-based provider with a validated great start to quality rating

 

within 90 days of the provider's having submitted a request and self-assessment.

 

       (c) Ensure that all intermediate district, district, community college or


university, Head Start grantee or delegate, private for-profit, and private nonprofit

 

providers are subject to a single great start to quality rating system. The rating

 

system shall ensure that regulators process all prospective providers at the same pace

 

on a first-come, first-served basis and shall not allow 1 type of provider to receive

 

a great start to quality rating ahead of any other type of provider.

 

       (d) Not later than December 1 of each year, compile the results of the

 

information reported by each intermediate district or consortium under subsection (13)

 

and report to the legislature a list by intermediate district or consortium with the

 

number and percentage of each intermediate district's or consortium's total allocation

 

allocated to community-based providers by provider type, including private for-profit,

 

private nonprofit, community college or university, Head Start grantee or delegate,

 

and district or intermediate district.

 

       (16) A recipient of funds under this section shall report to the department

 

CENTER in a form and manner prescribed by the department CENTER the number of children

 

participating in the program who meet the income eligibility criteria under subsection

 

(5)(b) and the total number of children participating in the program. For children

 

participating in the program who meet the income eligibility criteria specified under

 

subsection (5)(b), a recipient shall also report whether or not a parent is available

 

to provide care based on employment status. For the purposes of this subsection,

 

"employment status" shall be defined by the department of health and human services in

 

a manner consistent with maximizing the amount of spending that may be claimed for

 

temporary assistance for needy families maintenance of effort purposes.

 

       (17) As used in this section:

 

       (a) "GSRP/Head Start blended program" means a part-day program funded under this

 

section and a Head Start program, which are combined for a school-day program.

 

       (b) "Part-day program" means a program that operates at least 4 days per week, 30

 

weeks per year, for at least 3 hours of teacher-child contact time per day but for


fewer hours of teacher-child contact time per day than a school-day program.

 

       (c) "School-day program" means a program that operates for at least the same

 

length of day as a district's first grade program for a minimum of 4 days per week, 30

 

weeks per year. A classroom that offers a school-day program must enroll all children

 

for the school day to be considered a school-day program.

 

       (18) An intermediate district or consortium of intermediate districts receiving

 

funds under this section shall establish and charge tuition according to a sliding

 

scale of tuition rates based upon household income for children participating in an

 

eligible great start readiness program who live with families with a household income

 

that is more than 250% of the federal poverty level to be used by all of its

 

providers, as approved by the department.

 

       (19) From the amount appropriated in subsection (1), there is allocated an amount

 

not to exceed $10,000,000.00 for reimbursement of transportation costs for children

 

attending great start readiness programs funded under this section. To receive

 

reimbursement under this subsection, not later than November 1, 2017, 2018, a program

 

funded under this section that provides transportation shall submit to the

 

intermediate district that is the fiscal agent for the program a projected

 

transportation budget. The amount of the reimbursement for transportation under this

 

subsection shall be no more than the projected transportation budget or $300.00

 

multiplied by the number of children funded for the program under this section. If the

 

amount allocated under this subsection is insufficient to fully reimburse the

 

transportation costs for all programs that provide transportation and submit the

 

required information, the reimbursement shall be prorated in an equal amount per child

 

funded. Payments shall be made to the intermediate district that is the fiscal agent

 

for each program, and the intermediate district shall then reimburse the program

 

provider for transportation costs as prescribed under this subsection.

 

       (20) The department shall implement a process to review and approve age-


appropriate comprehensive classroom level quality assessments for GSRP grantees that

 

support the early childhood standards of quality for prekindergarten children adopted

 

by the state board. The department shall complete the approval process and make

 

available to intermediate districts at least 2 approved classroom level quality

 

assessments no later than April 1, 2018 2019.

 

       (21) An intermediate district that is a GSRP grantee may approve the use of a

 

supplemental curriculum that aligns with and enhances the age-appropriate educational

 

curriculum in the classroom. If the department objects to the use of a supplemental

 

curriculum approved by an intermediate district, the superintendent of public

 

instruction shall establish a review committee independent of the department. The

 

review committee shall meet within 60 days of the department registering its objection

 

in writing and provide a final determination on the validity of the objection within

 

60 days of the review committee's first meeting.

 

       (22) A great start readiness program or a GSRP/Head Start blended program funded

 

under this section shall be permitted to utilize AmeriCorps Pre-K Reading Corps

 

members in classrooms implementing research-based early literacy intervention

 

strategies.

 

       Sec. 32p. (1) From the appropriation in section 11, there is allocated an amount

 

not to exceed $13,400,000.00 to intermediate districts for 2017-2018 2018-2019 for the

 

purpose of providing early childhood funding to intermediate school districts to

 

support the activities under subsection (2) and subsection (4), and to provide early

 

childhood programs for children from birth through age 8. The funding provided to each

 

intermediate district under this section shall be determined by the distribution

 

formula established by the department's office of great start to provide equitable

 

funding statewide. In order to receive funding under this section, each intermediate

 

district shall provide an application to the office of great start not later than

 

September 15 of the immediately preceding fiscal year indicating the activities


planned to be provided.

 

       (2) Each intermediate district or consortium of intermediate districts that

 

receives funding under this section shall convene a local great start collaborative

 

and a parent coalition. The goal of each great start collaborative and parent

 

coalition shall be to ensure the coordination and expansion of local early childhood

 

infrastructure and programs that allow every child in the community to achieve the

 

following outcomes:

 

       (a) Children born healthy.

 

       (b) Children healthy, thriving, and developmentally on track from birth to third

 

grade.

 

       (c) Children developmentally ready to succeed in school at the time of school

 

entry.

 

       (d) Children prepared to succeed in fourth grade and beyond by reading

 

proficiently by the end of third grade.

 

       (3) Each local great start collaborative and parent coalition shall convene

 

workgroups to make recommendations about community services designed to achieve the

 

outcomes described in subsection (2) and to ensure that its local great start system

 

includes the following supports for children from birth through age 8:

 

       (a) Physical health.

 

       (b) Social-emotional health.

 

       (c) Family supports and basic needs.

 

       (d) Parent education.

 

       (e) Early education, including the child's development of skills linked to

 

success in foundational literacy, and care.

 

       (4) From the funds allocated in subsection (1), at least $2,500,000.00 shall be

 

used for the purpose of providing home visits to at-risk children and their families.

 

The home visits shall be conducted as part of a locally coordinated, family-centered,


evidence-based, data-driven home visit strategic plan that is approved by the

 

department. The goals of the home visits funded under this subsection shall be to

 

improve school readiness using evidence-based methods, including a focus on

 

developmentally appropriate outcomes for early literacy, to reduce the number of

 

pupils retained in grade level, and to reduce the number of pupils requiring special

 

education services. IMPROVE POSITIVE PARENTING PRACTICES AND TO IMPROVE FAMILY

 

ECONOMIC SELF-SUFFICIENCY WHILE REDUCING THE IMPACT OF HIGH RISK FACTORS THROUGH

 

COMMUNITY RESOURCES AND REFERRALS. The department shall coordinate the goals of the

 

home visit strategic plans approved under this subsection with other state agency home

 

visit programs in a way that strengthens Michigan's home visiting infrastructure and

 

maximizes federal funds available for the purposes of at-risk family home visits. The

 

coordination among departments and agencies is intended to avoid duplication of state

 

services and spending, and should emphasize efficient service delivery of home

 

visiting programs.

 

       (5) Not later than December 1 of each year, each intermediate district shall

 

provide a report to the department detailing the activities actually provided during

 

the immediately preceding school year and the families and children actually served.

 

At a minimum, the report shall include an evaluation of the services provided with

 

additional funding under subsection (4) for home visits, using the goals identified in

 

subsection (4) as the basis for the evaluation, including the degree to which school

 

readiness was improved, any change in the number of pupils retained at grade level,

 

and any change in the number of pupils receiving special education services. The

 

department shall compile and summarize these reports and submit its summary to the

 

house and senate appropriations subcommittees on school aid and to the house and

 

senate fiscal agencies not later than February 15 of each year.

 

       (6) An intermediate district or consortium of intermediate districts that

 

receives funding under this section may carry over any unexpended funds received under


this section into the next fiscal year and may expend those unused funds through June

 

30 of the next fiscal year. A recipient of a grant shall return any unexpended grant

 

funds to the department in the manner prescribed by the department not later than

 

September 30 of the next fiscal year after the fiscal year in which the funds are

 

received.

 

       Sec. 35a. (1) From the appropriations in section 11, there is allocated for 2017-

 

2018 2018-2019 for the purposes of this section an amount not to exceed $26,900,000.00

 

from the state school aid fund. and an amount not to exceed $2,500,000.00 from the

 

general fund. THE SUPERINTENDENT SHALL DESIGNATE STAFF OR CONTRACTED EMPLOYEES FUNDED

 

UNDER THIS SECTION AS CRITICAL SHORTAGE. PROGRAMS FUNDED UNDER THIS SECTION ARE

 

INTENDED TO ENSURE THAT THIS STATE WILL BE IN THE TOP 10 MOST IMPROVED STATES IN GRADE

 

4 READING PROFICIENCY BY THE 2019 NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS (NAEP)

 

AND WILL BE IN THE TOP 10 STATES OVERALL IN GRADE 4 READING PROFICIENCY BY 2025.

 

       (2) A district that receives funds under subsection (5) may spend up to 5% of

 

those funds for professional development for educators in a department-approved

 

research-based training program related to current state literacy standards for pupils

 

in grades K to 3. The professional development shall also include training in the use

 

of screening and diagnostic tools, progress monitoring, and intervention methods used

 

to address barriers to learning and delays in learning that are diagnosed through the

 

use of these tools.

 

       (3) A district that receives funds under subsection (5) may use up to 5% of those

 

funds to administer department-approved screening and diagnostic tools to monitor the

 

development of early literacy and early reading skills of pupils in grades K to 3 and

 

to support research-based professional development for educators in administering

 

screening and diagnostic tools and in data interpretation of the results obtained

 

through the use of those tools for the purpose of implementing a multi-tiered system

 

of support to improve reading proficiency among pupils in grades K to 3. A department-


approved screening and diagnostic tool administered by a district using funding under

 

this section must include all of the following components: phonemic awareness,

 

phonics, fluency, and comprehension. Further, all of the following sub-skills must be

 

assessed within each of these components:

 

       (a) Phonemic awareness - segmentation, blending, and sound manipulation (deletion

 

and substitution).

 

       (b) Phonics - decoding (reading) and encoding (spelling).

 

       (c) Fluency - reading rate, accuracy, and expression.

 

       (d) Comprehension - making meaning of text.

 

       (4) From the allocations under subsection (1), there is allocated an amount not

 

to exceed $6,000,000.00 for 2017-2018 2018-2019 for the purpose of providing early

 

literacy coaches at intermediate districts to assist teachers in developing and

 

implementing instructional strategies for pupils in grades K to 3 so that pupils are

 

reading at grade level by the end of grade 3. All of the following apply to funding

 

under this subsection:

 

       (a) The department shall develop an application process consistent with the

 

provisions of this subsection. An application shall provide assurances that literacy

 

coaches funded under this subsection are knowledgeable about at least the following:

 

       (i) Current state literacy standards for pupils in grades K to 3.

 

       (ii) Implementing an instructional delivery model based on frequent use of

 

formative, screening, and diagnostic tools, known as a multi-tiered system of support,

 

to determine individual progress for pupils in grades K to 3 so that pupils are

 

reading at grade level by the end of grade 3.

 

       (iii) The use of data from diagnostic tools to determine the necessary additional

 

supports and interventions needed by individual pupils in grades K to 3 in order to be

 

reading at grade level.

 

       (b) From the allocation under this subsection, the department shall award grants


to intermediate districts for the support of early literacy coaches. An intermediate

 

district must provide matching funds for at least 50% of the grant amount awarded to

 

support the cost of the literacy coach. The department shall provide this funding in

 

the following manner:

 

       (i) Each intermediate district shall be awarded grant funding to support the cost

 

of 1 early literacy coach in an equal amount per early literacy coach, not to exceed

 

$75,000.00.

 

       (ii) After distribution of the grant funding under subparagraph (i), the

 

department shall distribute the remainder of grant funding for additional early

 

literacy coaches in an amount not to exceed $75,000.00 per early literacy coach. The

 

number of funded early literacy coaches for each intermediate district shall be based

 

on the percentage of the total statewide number of pupils in grades K to 3 who meet

 

the income eligibility standards for the federal free and reduced-price lunch programs

 

who are enrolled in districts in the intermediate district. For each additional early

 

literacy coach funded under this subparagraph, the department shall not make an award

 

to an intermediate district under this subparagraph in an amount that is less than the

 

amount necessary to pay 1/2 of the total cost of that additional early literacy coach.

 

       (5) From the allocations under subsection (1), there is allocated an amount not

 

to exceed $20,900,000.00 for 2017-2018 2018-2019 to districts that provide additional

 

instructional time to those pupils in grades K to 3 who have been identified by using

 

department-approved screening and diagnostic tools as needing additional supports and

 

interventions in order to be reading at grade level by the end of grade 3. Additional

 

instructional time may be provided before, during, and after regular school hours or

 

as part of a year-round balanced school calendar. All of the following apply to

 

funding under this subsection:

 

       (a) In order to be eligible to receive funding, a district shall demonstrate to

 

the satisfaction of the department that the district has done all of the following:


       (i) Implemented a multi-tiered system of support instructional delivery model

 

that is an evidence-based model that uses data-driven problem solving to integrate

 

academic and behavioral instruction and that uses intervention delivered to all pupils

 

in varying intensities based on pupil needs. The multi-tiered system of supports must

 

provide at least all of the following essential elements:

 

       (A) Implements effective instruction for all learners.

 

       (B) Intervenes early.

 

       (C) Provides a multi-tiered model of instruction and intervention that provides

 

the following: a core curriculum and classroom interventions available to all pupils

 

that meet the needs of most pupils; targeted group interventions; and intense

 

individual interventions.

 

       (D) Monitors pupil progress to inform instruction.

 

       (E) Uses data to make instructional decisions.

 

       (F) Uses assessments including universal screening, diagnostics, and progress

 

monitoring.

 

       (G) Engages families and the community.

 

       (H) Implements evidence-based, scientifically validated, instruction and

 

intervention.

 

       (I) Implements instruction and intervention practices with fidelity.

 

       (J) Uses a collaborative problem-solving model.

 

       (ii) Used department-approved research-based diagnostic tools to identify

 

individual pupils in need of additional instructional time.

 

       (iii) Used a reading instruction method that focuses on the 5 fundamental

 

building blocks of reading: phonics, phonemic awareness, fluency, vocabulary, and

 

comprehension and content knowledge.

 

       (iv) Provided teachers of pupils in grades K to 3 with research-based

 

professional development in diagnostic data interpretation.


       (v) Complied with the requirements under section 1280f of the revised school

 

code, MCL 380.1280f.

 

       (b) Funding allocated under this subsection shall be distributed to eligible

 

districts by multiplying the number of full-time-equivalent pupils in grade 1 in the

 

district by $210.00.

 

       (c) If the funds allocated under this subsection are insufficient to fully fund

 

the payments under this subsection, payments under this subsection shall be prorated

 

on an equal per-pupil basis based on grade 1 pupils.

 

       (6) From the general fund money allocated in subsection (1), the department shall

 

allocate the amount of $2,500,000.00 for 2017-2018 to the Michigan Education Corps.

 

All of the following apply to funding under this subsection:

 

       (a) By August 1 of the current fiscal year, the Michigan Education Corps shall

 

provide a report concerning its use of the funding to the senate and house

 

appropriations subcommittees on state school aid, the senate and house fiscal

 

agencies, and the senate and house caucus policy offices on outcomes and performance

 

measures of the Michigan Education Corps, including, but not limited to, the degree to

 

which the Michigan Education Corps's replication of the Michigan Reading Corps program

 

is demonstrating sufficient efficacy and impact. The report must include data

 

pertaining to at least all of the following:

 

       (i) The current impact of the Michigan Reading Corps on this state in terms of

 

numbers of children and programs receiving support. This portion of the report shall

 

specify the number of children tutored, including dosage and completion, and the

 

demographics of those children.

 

       (ii) Whether the assessments and interventions are implemented with fidelity.

 

This portion of the report shall include details on the total number of assessments

 

and interventions completed and the range, median, mean, and standard deviation for

 

all assessments.


       (iii) Whether the literacy improvement of children participating in the Michigan

 

Reading Corps is consistent with expectations. This portion of the report shall detail

 

at least all of the following:

 

       (A) Growth rate by grade level, in comparison to targeted growth rate.

 

       (B) Average linear growth rates.

 

       (C) Exit rates.

 

       (D) Percentage of children who exit who also meet or exceed spring benchmarks.

 

       (iv) The impact of the Michigan Reading Corps on organizations and stakeholders,

 

including, but not limited to, school administrators, internal coaches, and AmeriCorps

 

members.

 

       (b) If the department determines that the Michigan Education Corps has misused

 

the funds allocated under this subsection, the Michigan Education Corps shall

 

reimburse this state for the amount of state funding misused.

 

       (c) The department may not reserve any portion of the allocation provided under

 

this subsection for an evaluation of the Michigan Education Corps, the Michigan

 

Education Corps' funding, or the Michigan Education Corps' programming. The department

 

shall award the entire $2,500,000.00 allocated under this subsection to the Michigan

 

Education Corps and shall not condition the awarding of this funding on the

 

implementation of an independent evaluation.

 

       Sec. 39. (1) An eligible applicant receiving funds under section 32d shall submit

 

an application, in a form and manner prescribed by the department, by a date specified

 

by the department in the immediately preceding state fiscal year. The application

 

shall include all of the following:

 

       (a) For 2017-2018 2018-2019 calculations, the estimated total number of children

 

in the community who meet the criteria of section 32d, as provided to the applicant by

 

the department utilizing the most recent population data available from the American

 

community survey conducted by the United States Census Bureau. Beginning in 2018-2019,


the department shall ensure that it provides updated American community survey

 

population data at least once every 3 years.

 

       (b) The estimated number of children in the community who meet the criteria of

 

section 32d and are being served exclusively by Head Start programs operating in the

 

community.

 

       (c) The number of children whom the applicant has the capacity to serve who meet

 

the criteria of section 32d including a verification of physical facility and staff

 

resources capacity.

 

       (2) After notification of funding allocations, an applicant receiving funds under

 

section 32d shall also submit an implementation plan for approval, in a form and

 

manner prescribed by the department, by a date specified by the department, that

 

details how the applicant complies with the program components established by the

 

department pursuant to section 32d.

 

       (3) The initial allocation to each eligible applicant under section 32d shall be

 

the lesser of the following:

 

       (a) The sum of the number of children served in a school-day program in the

 

preceding school year multiplied by $7,250.00 and the number of children served in a

 

GSRP/Head Start blended program or a part-day program in the preceding school year

 

multiplied by $3,625.00.

 

       (b) The sum of the number of children the applicant has the capacity to serve in

 

2017-2018 2018-2019 in a school-day program multiplied by $7,250.00 and the number of

 

children served in a GSRP/Head Start blended program or a part-day program the

 

applicant has the capacity to serve in 2017-2018 2018-2019 multiplied by $3,625.00.

 

       (4) If funds remain after the allocations under subsection (3), the department

 

shall distribute the remaining funds to each intermediate district or consortium of

 

intermediate districts that serves less than the state percentage benchmark determined

 

under subsection (5). These remaining funds shall be distributed to each eligible


applicant based upon each applicant's proportionate share of the remaining unserved

 

children necessary to meet the statewide percentage benchmark in intermediate

 

districts or consortia of intermediate districts serving less than the statewide

 

percentage benchmark. When all applicants have been given the opportunity to reach the

 

statewide percentage benchmark, the statewide percentage benchmark may be reset, as

 

determined by the department, until greater equity of opportunity to serve eligible

 

children across all intermediate school districts has been achieved.

 

       (5) For the purposes of subsection (4), for the 2017-2018 2018-2019 program year,

 

the department shall calculate a percentage of children served by each intermediate

 

district or consortium of intermediate districts by dividing the number of children

 

served in the immediately preceding year by that intermediate district or consortium

 

by the total number of children within the intermediate district or consortium of

 

intermediate districts who meet the criteria of section 32d as determined by the

 

department utilizing the most recent population data available from the American

 

community survey conducted by the United States Census Bureau. The department shall

 

compare the resulting percentage of eligible children served to a statewide percentage

 

benchmark to determine if the intermediate district or consortium is eligible for

 

additional funds under subsection (4). For 2017-2018, 2018-2019, the statewide

 

percentage benchmark is 60%.

 

       (6) If, taking into account the total amount to be allocated to the applicant as

 

calculated under this section, an applicant determines that it is able to include

 

additional eligible children in the great start readiness program without additional

 

funds under section 32d, the applicant may include additional eligible children but

 

shall not receive additional funding under section 32d for those children.

 

       (7) The department shall review the program components under section 32d and

 

under this section at least biennially. The department also shall convene a committee

 

of internal and external stakeholders at least once every 5 years to ensure that the


funding structure under this section reflects current system needs under section 32d.

 

       (8) As used in this section, "school-day program", "GSRP/Head Start blended

 

program", and "part-day program" mean those terms as defined in section 32d.

 

       Sec. 39a. (1) From the federal funds appropriated in section 11, there is

 

allocated each FOR fiscal year for 2016-2017 and for 2017-2018 2018-2019 to districts,

 

intermediate districts, and other eligible entities all available federal funding,

 

estimated at $744,039,900.00 for 2016-2017 and $731,600,000.00 for 2017-2018

 

$730,600,000.00, for the federal programs under the no child left behind act of 2001,

 

Public Law 107-110, or the every student succeeds act, Public Law 114-95. These funds

 

are allocated as follows:

 

       (a) An amount estimated at $1,200,000.00 each fiscal year FOR 2018-2019 to

 

provide students with drug- and violence-prevention programs and to implement

 

strategies to improve school safety, funded from DED-OESE, drug-free schools and

 

communities funds.

 

       (b) An amount estimated at $111,111,900.00 for 2016-2017 and $100,000,000.00 for

 

2017-2018 2018-2019 for the purpose of preparing, training, and recruiting high-

 

quality teachers and class size reduction, funded from DED-OESE, improving teacher

 

quality funds.

 

       (c) An amount estimated at $12,200,000.00 for 2016-2017 and $11,000,000.00 for

 

2017-2018 2018-2019 for programs to teach English to limited English proficient (LEP)

 

children, funded from DED-OESE, language acquisition state grant funds.

 

       (d) An amount estimated at $250,000.00 for 2016-2017 only for the Michigan

 

charter school subgrant program, funded from DED-OESE, charter school funds.

 

       (D) (e) An amount estimated at $3,000,000.00 for 2016-2017 and $2,800,000.00 for

 

2017-2018 2018-2019 for rural and low income schools, funded from DED-OESE, rural and

 

low income school funds.

 

       (E) (f) An amount estimated at $535,000,000.00 each fiscal year FOR 2018-2019 to


provide supplemental programs to enable educationally disadvantaged children to meet

 

challenging academic standards, funded from DED-OESE, title I, disadvantaged children

 

funds.

 

       (F) (g) An amount estimated at $8,878,000.00 for 2016-2017 and $9,200,000.00 for

 

2017-2018 2018-2019 for the purpose of identifying and serving migrant children,

 

funded from DED-OESE, title I, migrant education funds.

 

       (G) (h) An amount estimated at $39,000,000.00 each fiscal year FOR 2018-2019 for

 

the purpose of providing high-quality extended learning opportunities, after school

 

and during the summer, for children in low-performing schools, funded from DED-OESE,

 

twenty-first century community learning center funds.

 

       (H) (i) An amount estimated at $18,000,000.00 each fiscal year $12,000,000.00 FOR

 

2018-2019 to help support local school improvement efforts, funded from DED-OESE,

 

title I, local school improvement grants.

 

       (I) (j) An amount estimated at $15,400,000.00 each fiscal year FOR 2018-2019 to

 

improve the academic achievement of students, funded from DED-OESE, title IV, student

 

support and academic enrichment grants.

 

       (J) AN AMOUNT ESTIMATED AT $5,000,000.00 FOR 2018-2019 FOR THE REMAINING BALANCE

 

OF THE AMOUNT APPROPRIATED IN 2014 PA 116, MCL 388.1632R, FOR FEDERAL FUNDING AWARDED

 

TO THIS STATE UNDER SECTIONS 14005, 14006, AND 14013 OF TITLE XIV OF THE AMERICAN

 

RECOVERY AND REINVESTMENT ACT OF 2009, PUBLIC LAW 111-5, FOR THE RACE TO THE TOP -

 

EARLY LEARNING CHALLENGE GRANT.

 

       (2) From the federal funds appropriated in section 11, there is allocated for

 

2016-2017 and for 2017-2018 2018-2019 to districts, intermediate districts, and other

 

eligible entities all available federal funding, estimated at $30,800,000.00 for 2016-

 

2017 and $30,000,000.00 for 2017-2018 2018-2019 for the following programs that are

 

funded by federal grants:

 

       (a) An amount estimated at $200,000.00 for 2016-2017 and $100,000.00 for 2017-


2018 2018-2019 for acquired immunodeficiency syndrome education grants, funded from

 

HHS – Centers for Disease Control and Prevention, AIDS funding.

 

       (b) An amount estimated at $2,600,000.00 for 2016-2017 and $1,900,000.00 for

 

2017-2018 2018-2019 to provide services to homeless children and youth, funded from

 

DED-OVAE, homeless children and youth funds.

 

       (c) An amount estimated at $4,000,000.00 each fiscal year FOR 2018-2019 to

 

provide mental health, substance abuse, or violence prevention services to students,

 

funded from HHS-SAMHSA.

 

       (d) An amount estimated at $24,000,000.00 each fiscal year FOR 2018-2019 for

 

providing career and technical education services to pupils, funded from DED-OVAE,

 

basic grants to states.

 

       (3) All federal funds allocated under this section shall be distributed in

 

accordance with federal law and with flexibility provisions outlined in Public Law

 

107-116, and in the education flexibility partnership act of 1999, Public Law 106-25.

 

Notwithstanding section 17b, payments of federal funds to districts, intermediate

 

districts, and other eligible entities under this section shall be paid on a schedule

 

determined by the department.

 

       (4) For the purposes of applying for federal grants appropriated under this

 

article, the department shall allow an intermediate district to submit a consortium

 

application on behalf of 2 or more districts with the agreement of those districts as

 

appropriate according to federal rules and guidelines.

 

       (5) For the purposes of funding federal title I grants under this article, in

 

addition to any other federal grants for which a strict discipline academy is

 

eligible, the department shall allocate to strict discipline academies out of title I,

 

part A funds equal to what a strict discipline academy would have received if included

 

and calculated under title I, part D, or what it would receive under the formula

 

allocation under title I, part A, whichever is greater.


       (6) As used in this section:

 

       (a) "DED" means the United States Department of Education.

 

       (b) "DED-OESE" means the DED Office of Elementary and Secondary Education.

 

       (c) "DED-OVAE" means the DED Office of Vocational and Adult Education.

 

       (d) "HHS" means the United States Department of Health and Human Services.

 

       (e) "HHS-SAMHSA" means the HHS Substance Abuse and Mental Health Services

 

Administration.

 

       Sec. 41. (1) For a district or public school academy to be eligible to receive

 

funding under this section, the district or public school academy must administer to

 

English language learners the English language proficiency assessment known as the

 

"WIDA ACCESS for English language learners" or the "WIDA Alternate ACCESS". From the

 

appropriation in section 11, there is allocated an amount not to exceed $6,000,000.00

 

for 2017-2018 2018-2019 for payments to eligible districts and eligible public school

 

academies for services for English language learners who have been administered the

 

WIDA ACCESS for English language learners.

 

       (2) Funding allocated under this section shall be distributed to eligible

 

districts and eligible public school academies based on the number of full-time

 

equivalent English language learners as follows:

 

       (a) $620.00 per full-time equivalent English language learner who has been

 

assessed under the WIDA ACCESS for English language learners or the WIDA Alternate

 

ACCESS with a WIDA ACCESS or WIDA Alternate ACCESS composite score between 1.0 and

 

1.9, or less, as applicable to each assessment.

 

       (b) $410.00 per full-time equivalent English language learner who has been

 

assessed under the WIDA ACCESS for English language learners or the WIDA Alternate

 

ACCESS with a WIDA ACCESS or WIDA Alternate ACCESS composite score between 2.0 and

 

2.9, or less, as applicable to each assessment.

 

       (3) If funds allocated under this section are insufficient to fully fund the


payments as prescribed under subsection (2), payments shall be prorated on an equal

 

percentage basis, with the same percentage proration applied to both funding

 

categories.

 

       (4) Each district or public school academy receiving funds under this section

 

shall submit to the department by July 15 of each fiscal year a report, not to exceed

 

10 pages, on the usage by the district or public school academy of funds under this

 

section, in a form and manner determined by the department, which shall include a

 

brief description of each program conducted or services performed by the district or

 

public school academy using funds under this section and the amount of funds under

 

this section allocated to each of those programs or services. If a district or public

 

school academy does not comply with this section, the department shall withhold an

 

amount equal to the August payment due under this section until the district or public

 

school academy complies with this subsection. If the district or public school academy

 

does not comply with this section by the end of the state fiscal year, the withheld

 

funds shall be forfeited to the school aid fund.

 

       (5) In order to receive funds under this section, a district or public school

 

academy shall allow access for the department or the department's designee to audit

 

all records related to the program for which it receives those funds. The district or

 

public school academy shall reimburse this state for all disallowances found in the

 

audit.

 

       (6) Beginning July 1, 2020, and every 3 years thereafter, the department shall

 

review the per-pupil distribution under subsection (2), to ensure that funding levels

 

are appropriate and make recommendations for adjustments to the members of the senate

 

and house subcommittees on K-12 school aid appropriations.

 

       Sec. 51a. (1) From the appropriation in section 11, there is allocated an amount

 

not to exceed $941,946,100.00 for 2016-2017 and there is allocated an amount not to

 

exceed $956,246,100.00 $979,346,100.00 for 2017-2018 2018-2019 from state sources and


all available federal funding under sections 611 to 619 of part B of the individuals

 

with disabilities education act, 20 USC 1411 to 1419, estimated at $370,000,000.00

 

each FOR fiscal year for 2016-2017 and for 2017-2018 2018-2019, plus any carryover

 

federal funds from previous year appropriations. In addition, from the general fund

 

appropriation in section 11, there is allocated to the department an amount not to

 

exceed $500,000.00 for 2017-2018 2018-2019 for the purpose of subsection (16). The

 

allocations under this subsection are for the purpose of reimbursing districts and

 

intermediate districts for special education programs, services, and special education

 

personnel as prescribed in article 3 of the revised school code, MCL 380.1701 to

 

380.1766; net tuition payments made by intermediate districts to the Michigan Schools

 

for the Deaf and Blind; and special education programs and services for pupils who are

 

eligible for special education programs and services according to statute or rule. For

 

meeting the costs of special education programs and services not reimbursed under this

 

article, a district or intermediate district may use money in general funds or special

 

education funds, not otherwise restricted, or contributions from districts to

 

intermediate districts, tuition payments, gifts and contributions from individuals or

 

other entities, or federal funds that may be available for this purpose, as determined

 

by the intermediate district plan prepared pursuant to article 3 of the revised school

 

code, MCL 380.1701 to 380.1766. Notwithstanding section 17b, payments of federal funds

 

to districts, intermediate districts, and other eligible entities under this section

 

shall be paid on a schedule determined by the department.

 

       (2) From the funds allocated under subsection (1), there is allocated the amount

 

necessary, and estimated at $260,700,000.00 for 2016-2017 and estimated at

 

$264,200,000.00 $272,100,000.00 for 2017-2018, 2018-2019, for payments toward

 

reimbursing districts and intermediate districts for 28.6138% of total approved costs

 

of special education, excluding costs reimbursed under section 53a, and 70.4165% of

 

total approved costs of special education transportation. Allocations under this


subsection shall be made as follows:

 

       (a) The initial amount allocated to a district under this subsection toward

 

fulfilling the specified percentages shall be calculated by multiplying the district's

 

special education pupil membership, excluding pupils described in subsection (11),

 

times the foundation allowance under section 20 of the pupil's district of residence

 

plus the amount of the district's per-pupil allocation under section 20m, not to

 

exceed the basic foundation allowance under section 20 for the current fiscal year,

 

or, for a special education pupil in membership in a district that is a public school

 

academy, times an amount equal to the amount per membership pupil calculated under

 

section 20(6). For an intermediate district, the amount allocated under this

 

subdivision toward fulfilling the specified percentages shall be an amount per special

 

education membership pupil, excluding pupils described in subsection (11), and shall

 

be calculated in the same manner as for a district, using the foundation allowance

 

under section 20 of the pupil's district of residence, not to exceed the basic

 

foundation allowance under section 20 for the current fiscal year, and that district's

 

per-pupil allocation under section 20m.

 

       (b) After the allocations under subdivision (a), districts and intermediate

 

districts for which the payments calculated under subdivision (a) do not fulfill the

 

specified percentages shall be paid the amount necessary to achieve the specified

 

percentages for the district or intermediate district.

 

       (3) From the funds allocated under subsection (1), there is allocated each fiscal

 

year for 2016-2017 and for 2017-2018 FOR FISCAL YEAR 2018-2019 an amount not to exceed

 

$1,000,000.00 $1,100,000.00 to make payments to districts and intermediate districts

 

under this subsection. If the amount allocated to a district or intermediate district

 

for a fiscal year under subsection (2)(b) is less than the sum of the amounts

 

allocated to the district or intermediate district for 1996-97 under sections 52 and

 

58, there is allocated to the district or intermediate district for the fiscal year an


amount equal to that difference, adjusted by applying the same proration factor that

 

was used in the distribution of funds under section 52 in 1996-97 as adjusted to the

 

district's or intermediate district's necessary costs of special education used in

 

calculations for the fiscal year. This adjustment is to reflect reductions in special

 

education program operations or services between 1996-97 and subsequent fiscal years.

 

Adjustments for reductions in special education program operations or services shall

 

be made in a manner determined by the department and shall include adjustments for

 

program or service shifts.

 

       (4) If the department determines that the sum of the amounts allocated for a

 

fiscal year to a district or intermediate district under subsection (2)(a) and (b) is

 

not sufficient to fulfill the specified percentages in subsection (2), then the

 

shortfall shall be paid to the district or intermediate district during the fiscal

 

year beginning on the October 1 following the determination and payments under

 

subsection (3) shall be adjusted as necessary. If the department determines that the

 

sum of the amounts allocated for a fiscal year to a district or intermediate district

 

under subsection (2)(a) and (b) exceeds the sum of the amount necessary to fulfill the

 

specified percentages in subsection (2), then the department shall deduct the amount

 

of the excess from the district's or intermediate district's payments under this

 

article for the fiscal year beginning on the October 1 following the determination and

 

payments under subsection (3) shall be adjusted as necessary. However, if the amount

 

allocated under subsection (2)(a) in itself exceeds the amount necessary to fulfill

 

the specified percentages in subsection (2), there shall be no deduction under this

 

subsection.

 

       (5) State funds shall be allocated on a total approved cost basis. Federal funds

 

shall be allocated under applicable federal requirements, except that an amount not to

 

exceed $3,500,000.00 may be allocated by the department each FOR fiscal year for 2016-

 

2017 and for 2017-2018 2018-2019 to districts, intermediate districts, or other


eligible entities on a competitive grant basis for programs, equipment, and services

 

that the department determines to be designed to benefit or improve special education

 

on a statewide scale.

 

       (6) From the amount allocated in subsection (1), there is allocated an amount not

 

to exceed $2,200,000.00 each FOR fiscal year for 2016-2017 and for 2017-2018 2018-2019

 

to reimburse 100% of the net increase in necessary costs incurred by a district or

 

intermediate district in implementing the revisions in the administrative rules for

 

special education that became effective on July 1, 1987. As used in this subsection,

 

"net increase in necessary costs" means the necessary additional costs incurred solely

 

because of new or revised requirements in the administrative rules minus cost savings

 

permitted in implementing the revised rules. Net increase in necessary costs shall be

 

determined in a manner specified by the department.

 

       (7) For purposes of sections 51a to 58, all of the following apply:

 

       (a) "Total approved costs of special education" shall be determined in a manner

 

specified by the department and may include indirect costs, but shall not exceed 115%

 

of approved direct costs for section 52 and section 53a programs. The total approved

 

costs include salary and other compensation for all approved special education

 

personnel for the program, including payments for social security and Medicare and

 

public school employee retirement system contributions. The total approved costs do

 

not include salaries or other compensation paid to administrative personnel who are

 

not special education personnel as defined in section 6 of the revised school code,

 

MCL 380.6. Costs reimbursed by federal funds, other than those federal funds included

 

in the allocation made under this article, are not included. Special education

 

approved personnel not utilized full time in the evaluation of students or in the

 

delivery of special education programs, ancillary, and other related services shall be

 

reimbursed under this section only for that portion of time actually spent providing

 

these programs and services, with the exception of special education programs and


services provided to youth placed in child caring institutions or juvenile detention

 

programs approved by the department to provide an on-grounds education program.

 

       (b) Beginning with the 2004-2005 fiscal year, a district or intermediate district

 

that employed special education support services staff to provide special education

 

support services in 2003-2004 or in a subsequent fiscal year and that in a fiscal year

 

after 2003-2004 receives the same type of support services from another district or

 

intermediate district shall report the cost of those support services for special

 

education reimbursement purposes under this article. This subdivision does not

 

prohibit the transfer of special education classroom teachers and special education

 

classroom aides if the pupils counted in membership associated with those special

 

education classroom teachers and special education classroom aides are transferred and

 

counted in membership in the other district or intermediate district in conjunction

 

with the transfer of those teachers and aides.

 

       (c) If the department determines before bookclosing for a fiscal year that the

 

amounts allocated for that fiscal year under subsections (2), (3), (6), and (11) and

 

sections 53a, 54, and 56 will exceed expenditures for that fiscal year under

 

subsections (2), (3), (6), and (11) and sections 53a, 54, and 56, then for a district

 

or intermediate district whose reimbursement for that fiscal year would otherwise be

 

affected by subdivision (b), subdivision (b) does not apply to the calculation of the

 

reimbursement for that district or intermediate district and reimbursement for that

 

district or intermediate district shall be calculated in the same manner as it was for

 

2003-2004. If the amount of the excess allocations under subsections (2), (3), (6),

 

and (11) and sections 53a, 54, and 56 is not sufficient to fully fund the calculation

 

of reimbursement to those districts and intermediate districts under this subdivision,

 

then the calculations and resulting reimbursement under this subdivision shall be

 

prorated on an equal percentage basis. Beginning in 2015-2016, the amount of

 

reimbursement under this subdivision for a fiscal year shall not exceed $2,000,000.00


for any district or intermediate district.

 

       (d) Reimbursement for ancillary and other related services, as defined by R

 

340.1701c of the Michigan Administrative Code, shall not be provided when those

 

services are covered by and available through private group health insurance carriers

 

or federal reimbursed program sources unless the department and district or

 

intermediate district agree otherwise and that agreement is approved by the state

 

budget director. Expenses, other than the incidental expense of filing, shall not be

 

borne by the parent. In addition, the filing of claims shall not delay the education

 

of a pupil. A district or intermediate district shall be responsible for payment of a

 

deductible amount and for an advance payment required until the time a claim is paid.

 

       (e) Beginning with calculations for 2004-2005, if an intermediate district

 

purchases a special education pupil transportation service from a constituent district

 

that was previously purchased from a private entity; if the purchase from the

 

constituent district is at a lower cost, adjusted for changes in fuel costs; and if

 

the cost shift from the intermediate district to the constituent does not result in

 

any net change in the revenue the constituent district receives from payments under

 

sections 22b and 51c, then upon application by the intermediate district, the

 

department shall direct the intermediate district to continue to report the cost

 

associated with the specific identified special education pupil transportation service

 

and shall adjust the costs reported by the constituent district to remove the cost

 

associated with that specific service.

 

       (8) A pupil who is enrolled in a full-time special education program conducted or

 

administered by an intermediate district or a pupil who is enrolled in the Michigan

 

schools for the deaf and blind shall not be included in the membership count of a

 

district, but shall be counted in membership in the intermediate district of

 

residence.

 

       (9) Special education personnel transferred from 1 district to another to


implement the revised school code shall be entitled to the rights, benefits, and

 

tenure to which the person would otherwise be entitled had that person been employed

 

by the receiving district originally.

 

       (10) If a district or intermediate district uses money received under this

 

section for a purpose other than the purpose or purposes for which the money is

 

allocated, the department may require the district or intermediate district to refund

 

the amount of money received. Money that is refunded shall be deposited in the state

 

treasury to the credit of the state school aid fund.

 

       (11) From the funds allocated in subsection (1), there is allocated the amount

 

necessary, estimated at $3,500,000.00 for 2016-2017, and estimated at $3,600,000.00

 

$3,400,000.00 for 2017-2018, 2018-2019, to pay the foundation allowances for pupils

 

described in this subsection. The allocation to a district under this subsection shall

 

be calculated by multiplying the number of pupils described in this subsection who are

 

counted in membership in the district times the sum of the foundation allowance under

 

section 20 of the pupil's district of residence plus the amount of the district's per-

 

pupil allocation under section 20m, not to exceed the basic foundation allowance under

 

section 20 for the current fiscal year, or, for a pupil described in this subsection

 

who is counted in membership in a district that is a public school academy, times an

 

amount equal to the amount per membership pupil under section 20(6) or, for a pupil

 

described in this subsection who is counted in membership in the education achievement

 

system, times an amount equal to the amount per membership pupil under section 20(7).

 

The allocation to an intermediate district under this subsection shall be calculated

 

in the same manner as for a district, using the foundation allowance under section 20

 

of the pupil's district of residence, not to exceed the basic foundation allowance

 

under section 20 for the current fiscal year, and that district's per-pupil allocation

 

under section 20m. This subsection applies to all of the following pupils:

 

       (a) Pupils described in section 53a.


       (b) Pupils counted in membership in an intermediate district who are not special

 

education pupils and are served by the intermediate district in a juvenile detention

 

or child caring facility.

 

       (c) Pupils with an emotional impairment counted in membership by an intermediate

 

district and provided educational services by the department of health and human

 

services.

 

       (12) If it is determined that funds allocated under subsection (2) or (11) or

 

under section 51c will not be expended, funds up to the amount necessary and available

 

may be used to supplement the allocations under subsection (2) or (11) or under

 

section 51c in order to fully fund those allocations. After payments under subsections

 

(2) and (11) and section 51c, the remaining expenditures from the allocation in

 

subsection (1) shall be made in the following order:

 

       (a) 100% of the reimbursement required under section 53a.

 

       (b) 100% of the reimbursement required under subsection (6).

 

       (c) 100% of the payment required under section 54.

 

       (d) 100% of the payment required under subsection (3).

 

       (e) 100% of the payments under section 56.

 

       (13) The allocations under subsections (2), (3), and (11) shall be allocations to

 

intermediate districts only and shall not be allocations to districts, but instead

 

shall be calculations used only to determine the state payments under section 22b.

 

       (14) If a public school academy that is not a cyber school, as defined in section

 

551 of the revised school code, MCL 380.551, enrolls under this section a pupil who

 

resides outside of the intermediate district in which the public school academy is

 

located and who is eligible for special education programs and services according to

 

statute or rule, or who is a child with disabilities, as defined under the individuals

 

with disabilities education act, Public Law 108-446, the intermediate district in

 

which the public school academy is located and the public school academy shall enter


into a written agreement with the intermediate district in which the pupil resides for

 

the purpose of providing the pupil with a free appropriate public education, and the

 

written agreement shall include at least an agreement on the responsibility for the

 

payment of the added costs of special education programs and services for the pupil.

 

If the public school academy that enrolls the pupil does not enter into an agreement

 

under this subsection, the public school academy shall not charge the pupil's resident

 

intermediate district or the intermediate district in which the public school academy

 

is located the added costs of special education programs and services for the pupil,

 

and the public school academy is not eligible for any payouts based on the funding

 

formula outlined in the resident or nonresident intermediate district's plan. If a

 

pupil is not enrolled in a public school academy under this subsection, the provision

 

of special education programs and services and the payment of the added costs of

 

special education programs and services for a pupil described in this subsection are

 

the responsibility of the district and intermediate district in which the pupil

 

resides.

 

       (15) For the purpose of receiving its federal allocation under part B of the

 

individuals with disabilities education act, Public Law 108-446, a public school

 

academy that is a cyber school, as 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, shall directly receive the federal allocation under part B of the

 

individuals with disabilities education act, Public Law 108-446, from the intermediate

 

district in which the cyber school is located, as the subrecipient. If the

 

intermediate district does not distribute the funds described in this subsection to

 

the cyber school by the part B application due date of July 1, the department may

 

distribute the funds described in this subsection directly to the cyber school

 

according to the formula prescribed in 34 CFR 300.705 and 34 CFR 300.816.

 

       (16) For a public school academy that is a cyber school, as 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, that enrolls a pupil under this section, the

 

intermediate district in which the cyber school is located shall ensure that the cyber

 

school complies with sections 1701a, 1703, 1704, 1751, 1752, 1756, and 1757 of the

 

revised school code, MCL 380.1701a, 380.1703, 380.1704, 380.1751, 380.1752, 380.1756,

 

and 380.1757; applicable rules; and the individuals with disabilities education act,

 

Public Law 108-446. From the general fund appropriation under subsection (1), the

 

department shall provide appropriate administrative funding to the intermediate

 

district in which that cyber school is located for the purpose of ensuring that

 

compliance.

 

       (17) For the purposes of this section, the department or the center shall only

 

require a district or intermediate district to report information that is not already

 

available from the financial information database maintained by the center.

 

       Sec. 51c. As required by the court in the consolidated cases known as Durant v

 

State of Michigan, 456 Mich 175 (1997), from the allocation under section 51a(1),

 

there is allocated each fiscal year for FISCAL YEAR 2016-2017 and for 2017-2018 2018-

 

2019 the amount necessary, estimated at $624,600,000.00 for 2016-2017 and

 

$635,300,000.00 $650,600,000.00 for 2017-2018, 2018-2019, for payments to reimburse

 

districts for 28.6138% of total approved costs of special education excluding costs

 

reimbursed under section 53a, and 70.4165% of total approved costs of special

 

education transportation. Funds allocated under this section that are not expended in

 

the state fiscal year for which they were allocated, as determined by the department,

 

may be used to supplement the allocations under sections 22a and 22b, AND 23F in order

 

to fully fund those calculated allocations for the same fiscal year.

 

       Sec. 51d. (1) From the federal funds appropriated in section 11, there is

 

allocated each fiscal year for FISCAL YEAR 2016-2017 and for 2017-2018, 2018-2019, all

 

available federal funding, estimated at $61,000,000.00 each fiscal year, for special


education programs and services that are funded by federal grants. All federal funds

 

allocated under this section shall be distributed in accordance with federal law.

 

Notwithstanding section 17b, payments of federal funds to districts, intermediate

 

districts, and other eligible entities under this section shall be paid on a schedule

 

determined by the department.

 

       (2) From the federal funds allocated under subsection (1), the following amounts

 

are allocated each fiscal year for 2016-2017 and for FISCAL YEAR 2017-2018 2018-2019:

 

       (a) An amount estimated at $14,000,000.00 each fiscal year for handicapped

 

infants and toddlers, funded from DED-OSERS, handicapped infants and toddlers funds.

 

       (b) An amount estimated at $12,000,000.00 each fiscal year for preschool grants

 

(Public Law 94-142), funded from DED-OSERS, handicapped preschool incentive funds.

 

       (c) An amount estimated at $35,000,000.00 each fiscal year for special education

 

programs funded by DED-OSERS, handicapped program, individuals with disabilities act

 

funds.

 

       (3) As used in this section, "DED-OSERS" means the United States Department of

 

Education Office of Special Education and Rehabilitative Services.

 

       Sec. 53a. (1) For districts, reimbursement for pupils described in subsection (2)

 

shall be 100% of the total approved costs of operating special education programs and

 

services approved by the department and included in the intermediate district plan

 

adopted pursuant to article 3 of the revised school code, MCL 380.1701 to 380.1766,

 

minus the district's foundation allowance calculated under section 20 and minus the

 

district's per-pupil allocation under section 20m. For intermediate districts,

 

reimbursement for pupils described in subsection (2) shall be calculated in the same

 

manner as for a district, using the foundation allowance under section 20 of the

 

pupil's district of residence, not to exceed the basic foundation allowance under

 

section 20 for the current fiscal year, and that district's per-pupil allocation under

 

section 20m.


       (2) Reimbursement under subsection (1) is for the following special education

 

pupils:

 

       (a) Pupils assigned to a district or intermediate district through the community

 

placement program of the courts or a state agency, if the pupil was a resident of

 

another intermediate district at the time the pupil came under the jurisdiction of the

 

court or a state agency.

 

       (b) Pupils who are residents of institutions operated by the department of health

 

and human services.

 

       (c) Pupils who are former residents of department of community health

 

institutions for the developmentally disabled who are placed in community settings

 

other than the pupil's home.

 

       (d) Pupils enrolled in a department-approved on-grounds educational program

 

longer than 180 days, but not longer than 233 days, at a residential child care

 

institution, if the child care institution offered in 1991-92 an on-grounds

 

educational program longer than 180 days but not longer than 233 days.

 

       (e) Pupils placed in a district by a parent for the purpose of seeking a suitable

 

home, if the parent does not reside in the same intermediate district as the district

 

in which the pupil is placed.

 

       (3) Only those costs that are clearly and directly attributable to educational

 

programs for pupils described in subsection (2), and that would not have been incurred

 

if the pupils were not being educated in a district or intermediate district, are

 

reimbursable under this section.

 

       (4) The costs of transportation shall be funded under this section and shall not

 

be reimbursed under section 58.

 

       (5) Not more than $10,500,000.00 of the allocation for 2017-2018 2018-2019 in

 

section 51a(1) shall be allocated under this section.

 

       Sec. 54. Each intermediate district shall receive an amount per-pupil for each


pupil in attendance at the Michigan schools for the deaf and blind. The amount shall

 

be proportionate to the total instructional cost at each school. Not more than

 

$1,688,000.00 of the allocation for 2017-2018 2018-2019 in section 51a(1) shall be

 

allocated under this section.

 

       Sec. 54b. (1) From the general fund appropriation in section 11, there is

 

allocated an amount not to exceed $1,600,000.00 for 2017-2018 2018-2019 to continue

 

the implementation of the recommendations of the special education reform task force

 

published in January 2016.

 

       (2) Except as provided in subsection (3), the department shall use funds

 

allocated under this section for the purpose of piloting statewide implementation of

 

the Michigan Integrated Behavior and Learning Support Initiative (MiBLSI), a

 

nationally recognized program that includes positive behavioral intervention and

 

supports and provides a statewide structure to support local initiatives for an

 

integrated behavior and reading program. With the assistance of the intermediate

 

districts involved in MiBLSI, the department shall identify a number of intermediate

 

districts to participate in the pilot that is sufficient to ensure that MiBLSI can be

 

implemented statewide with fidelity and sustainability. In addition, the department

 

shall identify an intermediate district to act as a fiscal agent for these funds.

 

       (3) In addition to the purpose under subsection (2), the department shall use

 

funds allocated under this section for the purpose of providing training to

 

intermediate districts and districts related to the safe implementation of emergency

 

restraints and seclusion. The department shall develop and implement a training

 

program that is based on the state board's adopted standards and on any other

 

legislation enacted by the legislature regarding the emergency use of seclusion and

 

restraint.

 

       SEC. 54C. (1) FROM THE GENERAL FUND APPROPRIATION IN SECTION 11, THERE IS

 

ALLOCATED AN AMOUNT NOT TO EXCEED $500,000.00 for 2018-2019 TO CONTINUE THE


IMPLEMENTATION OF THE RECOMMENDATIONS OF THE SPECIAL EDUCATION REFORM TASK FORCE

 

PUBLISHED IN JANUARY 2016, TO INCREASE ACCESS TO SERVICES AND RESOURCES FOR STUDENTS

 

IN SPECIAL EDUCATION AND THEIR PARENTS OR GUARDIANS, AND TO STRENGTHEN MEDIATION

 

SERVICES AVAILABLE TO STUDENTS IN SPECIAL EDUCATION AND THEIR PARENTS OR GUARDIANS.

 

       (2) FROM THE AMOUNT ALLOCATED IN SUBSECTION (1), THERE IS ALLOCATED AN AMOUNT NOT

 

TO EXCEED $205,000.00 FOR THE PURPOSE OF ENHANCING CAPACITY OF MICHIGAN’S PARENT

 

TRAINING INFORMATION CENTER, MICHIGAN ALLIANCE FOR FAMILIES, TO INCREASE DIRECT

 

ADVOCACY EFFORTS, WORK SURROUNDING TRANSITION ISSUES, AND AWARENESS OF THE

 

ORGANIZATION.

 

       (3) FROM THE AMOUNT ALLOCATED IN SUBSECTION (1), THERE IS ALLOCATED AN AMOUNT NOT

 

TO EXCEED $295,000.00 FOR THE PURPOSE OF IMPROVING MEDIATION SERVICES OFFERED THROUGH

 

THE MICHIGAN SPECIAL EDUCATION MEDIATION PROGRAM, BY INCREASING AWARENESS OF

 

MEDIATION, REFRAMING THE PURPOSE OF MEDIATION, STRENGTHENING MEDIATOR KNOWLEDGE AROUND

 

SPECIAL EDUCATION, AND MAKING MEDIATION MORE ACCESSIBLE.

 

       SEC. 54D. (1) FROM THE APPROPRIATIONS IN SECTION 11, THERE IS ALLOCATED AN AMOUNT

 

NOT TO EXCEED $5,000,000.00 FOR 2018-2019 FOR COMPETITIVE GRANTS TO INTERMEDIATE

 

DISTRICTS, OR CONSORTIUMS OF INTERMEDIATE DISTRICTS, FOR THE PURPOSE OF PROVIDING

 

STATE EARLY ON SERVICES PILOT PROGRAMS FOR CHILDREN BIRTH TO 3 YEARS OF AGE WITH

 

DEVELOPMENTAL DELAY(S) AND/OR DISABILITIES AND THEIR FAMILIES AS DESCRIBED IN THE

 

EARLY ON MICHIGAN STATE PLAN, AS APPROVED BY THE DEPARTMENT.

 

       (2) TO BE ELIGIBLE TO RECEIVE FUNDING UNDER THIS SECTION, EACH INTERMEDIATE

 

DISTRICT, OR CONSORTIUM OF INTERMEDIATE DISTRICTS, SHALL APPLY IN A FORM AND MANNER

 

DETERMINED BY THE DEPARTMENT.

 

       (3) THE FUNDING ALLOCATED UNDER THIS SECTION SHALL BE USED TO INCREASE EARLY ON

 

SERVICES AND RESOURCES AVAILABLE TO CHILDREN THAT DEMONSTRATE DEVELOPMENTAL DELAYS TO

 

HELP PREPARE THEM FOR SUCCESS AS THEY ENTER SCHOOL. STATE EARLY ON SERVICES INCLUDE

 

EVALUATING AND PROVIDING EARLY INTERVENTION SERVICES FOR ELIGIBLE INFANTS AND TODDLERS


AND THEIR FAMILIES TO ADDRESS DEVELOPMENTAL DELAYS, INCLUDING THOSE AFFECTING

 

PHYSICAL, COGNITIVE, COMMUNICATION, ADAPTIVE, SOCIAL OR EMOTIONAL DEVELOPMENT. FUNDS

 

SHALL NOT BE USED TO SUPPLANT EXISTING SERVICES THAT ARE CURRENTLY BEING PROVIDED.

 

       (4) THE DEPARTMENT SHALL DEVELOP A COMPETITIVE APPLICATION PROCESS AND METHOD OF

 

GRANT DISTRIBUTION BY OCTOBER 1, 2018. AWARD DISTRIBUTION WILL OCCUR IN MULTIPLE

 

PROSPERITY REGIONS TO ENSURE PROGRAMS ARE DIVERSE GEOGRAPHICALLY AND ADDRESS

 

DEMONSTRATED NEED FOR ADDITIONAL SERVICES. THOSE APPLICANTS THAT DEMONSTRATE THE

 

CAPACITY TO ALIGN THESE FUNDS WITH FEDERAL MEDICAID REIMBURSEMENTS SHALL BE GIVEN

 

PREFERENCE. CONSORTIUMS OF INTERMEDIATE DISTRICTS COMPRISED OF ONE OR MORE

 

INTERMEDIATE DISTRICT WITH THE CAPACITY TO ALIGN THESE FUNDS WITH FEDERAL MEDICAID

 

REIMBURSEMENTS AND ONE OR MORE WITHOUT THIS CAPACITY WILL ALSO BE GIVEN PREFERENCE, AS

 

TO ENCOURAGE MENTORSHIP AMONG INTERMEDIATE DISTRICTS IN FACILITATING THIS FUNDING

 

CAPACITY.

 

       (5) THE APPLICANT INTERMEDIATE DISTRICTS SHALL REPORT DATA AND OTHER INFORMATION

 

TO THE DEPARTMENT IN A FORM, MANNER, AND FREQUENCY APPROVED BY THE DEPARTMENT TO ALLOW

 

FOR MONITORING AND EVALUATION OF THE PILOT PROJECTS AND TO ENSURE THAT THE CHILDREN

 

DESCRIBED IN SUBSECTION (1) RECEIVED APPROPRIATE LEVELS AND TYPES OF SERVICES

 

DELIVERED BY QUALIFIED PERSONNEL BASED ON THE INDIVIDUAL NEEDS OF THE CHILDREN AND

 

THEIR FAMILIES.

 

       Sec. 56. (1) For the purposes of this section:

 

       (a) "Membership" means for a particular fiscal year the total membership for the

 

immediately preceding fiscal year of the intermediate district and the districts

 

constituent to the intermediate district.

 

       (b) "Millage levied" means the millage levied for special education pursuant to

 

part 30 of the revised school code, MCL 380.1711 to 380.1743, including a levy for

 

debt service obligations.

 

       (c) "Taxable value" means the total taxable value of the districts constituent to


an intermediate district, except that if a district has elected not to come under part

 

30 of the revised school code, MCL 380.1711 to 380.1743, membership and taxable value

 

of the district shall not be included in the membership and taxable value of the

 

intermediate district.

 

       (2) From the allocation under section 51a(1), there is allocated an amount not to

 

exceed $37,758,100.00 each FOR fiscal year for 2016-2017 and for 2017-2018 2018-2019

 

to reimburse intermediate districts levying millages for special education pursuant to

 

part 30 of the revised school code, MCL 380.1711 to 380.1743. The purpose, use, and

 

expenditure of the reimbursement shall be limited as if the funds were generated by

 

these millages and governed by the intermediate district plan adopted pursuant to

 

article 3 of the revised school code, MCL 380.1701 to 380.1766. As a condition of

 

receiving funds under this section, an intermediate district distributing any portion

 

of special education millage funds to its constituent districts shall submit for

 

departmental approval and implement a distribution plan.

 

       (3) Reimbursement for those millages levied in 2015-2016 shall be made in 2016-

 

2017 at an amount per 2015-2016 membership pupil computed by subtracting from

 

$180,900.00 the 2015-2016 taxable value behind each membership pupil and multiplying

 

the resulting difference by the 2015-2016 millage levied.

 

       (3) (4) Reimbursement for those millages levied in 2016-2017 2017-2018 shall be

 

made in 2017-2018 2018-2019 at an amount per 2016-2017 2017-2018 membership pupil

 

computed by subtracting from $183,200.00 $189,900.00 the 2016-2017 2017-2018 taxable

 

value behind each membership pupil and multiplying the resulting difference by the

 

2016-2017 2017-2018 millage levied, and then subtracting from that amount the 2016-

 

2017 2017-2018 local community stabilization share revenue for special education

 

purposes behind each membership pupil for reimbursement of personal property exemption

 

loss under the local community stabilization authority act, 2014 PA 86, MCL 123.1341

 

to 123.1362.


       (4) (5) The amount paid to a single intermediate district under this section

 

shall not exceed 62.9% of the total amount allocated under subsection (2).

 

(5) (6) The amount paid to a single intermediate district under this section shall not

 

be less than 75% of the amount allocated to the intermediate district under this

 

section for the immediately preceding fiscal year.

 

       Sec. 61a. (1) From the appropriation in section 11, there is allocated an amount

 

not to exceed $36,611,300.00 for 2017-2018 2018-2019 to reimburse on an added cost

 

basis districts, except for a district that served as the fiscal agent for a

 

vocational education consortium in the 1993-94 school year and that has a foundation

 

allowance as calculated under section 20 greater than the minimum foundation allowance

 

under that section, and secondary area vocational-technical education centers for

 

secondary-level career and technical education programs according to rules approved by

 

the superintendent. Applications for participation in the programs shall be submitted

 

in the form prescribed by the department. The department shall determine the added

 

cost for each career and technical education program area. The allocation of added

 

cost funds shall be prioritized based on the capital and program expenditures needed

 

to operate the career and technical education programs provided; the number of pupils

 

enrolled; the advancement of pupils through the instructional program; the existence

 

of an articulation agreement with at least 1 postsecondary institution that provides

 

pupils with opportunities to earn postsecondary credit during the pupil's

 

participation in the career and technical education program and transfers those

 

credits to the postsecondary institution upon completion of the career and technical

 

education program; and the program rank in student placement, job openings, and wages,

 

and shall not exceed 75% of the added cost of any program. Notwithstanding any rule or

 

department determination to the contrary, when determining a district's allocation or

 

the formula for making allocations under this section, the department shall include

 

the participation of pupils in grade 9 in all of those determinations and in all


portions of the formula. With the approval of the department, the board of a district

 

maintaining a secondary career and technical education program may offer the program

 

for the period from the close of the school year until September 1. The program shall

 

use existing facilities and shall be operated as prescribed by rules promulgated by

 

the superintendent.

 

       (2) Except for a district that served as the fiscal agent for a vocational

 

education consortium in the 1993-94 school year, districts and intermediate districts

 

shall be reimbursed for local career and technical education administration, shared

 

time career and technical education administration, and career education planning

 

district career and technical education administration. The definition of what

 

constitutes administration and reimbursement shall be pursuant to guidelines adopted

 

by the superintendent. Not more than $800,000.00 of the allocation in subsection (1)

 

shall be distributed under this subsection.

 

       (3) A career and technical education program funded under this section may

 

provide an opportunity for participants who are eligible to be funded under section

 

107 to enroll in the career and technical education program funded under this section

 

if the participation does not occur during regular school hours.

 

       (4) In addition to the money allocated under subsections (1), (5), and (6), from

 

the general fund money appropriated in section 11, there is allocated for 2017-2018 an

 

amount not to exceed $79,000.00 to an eligible Michigan-approved 501(c)(3)

 

organization for the purposes of teaching or training restaurant management and

 

culinary arts for career and professional development. The department shall oversee

 

funds distributed to an eligible grantee under this section. As used in this

 

subsection, "eligible Michigan-approved 501(c)(3) organization" means an organization

 

that is exempt from taxation under section 501(c)(3) of the internal revenue code of

 

1986, 26 USC 501, that provides the ProStart curriculum and training to state-approved

 

career and technical education programs with classification of instructional programs


(CIP) codes in the 12.05xx category, and that administers national certification for

 

the purpose of restaurant management and culinary arts for career and professional

 

development.

 

       (5) In addition to the funds allocated under subsections (1), (4), and (6), from

 

the funds appropriated in section 11, there is allocated for 2017-2018 an amount not

 

to exceed $1,000,000.00 for competitive grants to intermediate districts to hire

 

career and technical education counselors. All of the following apply to this funding:

 

       (a) An intermediate district seeking a grant under this subsection shall apply to

 

the department in a form and manner specified by the department.

 

       (b) The department shall award grants under this subsection on a competitive

 

basis to no more than 3 intermediate districts but shall give priority to the

 

intermediate district that has the greatest number of pupils enrolled in its

 

constituent districts and shall ensure that grants are equitably distributed to the

 

various geographic areas of this state and to urban and rural areas.

 

       (c) To be eligible for funding under this subsection, an intermediate district

 

shall do all of the following:

 

       (i) Catalog all available K-12 and other workforce development programs and

 

services, including job search, job training, pre-employment certifications, career

 

awareness programs, career and technical education programs, and other related

 

programs and services offered by districts or intermediate districts, postsecondary

 

institutions, and other private or public service organizations.

 

       (ii) Develop an outreach program that educates students about career and

 

technical education options and connects students to the services cataloged under

 

subparagraph (i).

 

       (iii) Track student placement and report on student placement to the house and

 

senate appropriations subcommittees on school aid no later than June 30, 2018 in the

 

form and manner prescribed by the department.


       (6) In addition to the funds allocated under subsections (1), (4), and (5), there

 

is allocated an amount not to exceed $160,000.00 for 2017-2018 to eligible districts

 

under this subsection for the purpose of career and technical education counselors. To

 

be eligible to receive funding under this subsection, an eligible district must be a

 

constituent district of an intermediate district that is located in prosperity region

 

6 and borders prosperity regions 5, 7, and 9, and must have at least 1,600 pupils in

 

membership in 2017-2018. A grant to an eligible district under this subsection shall

 

be $80,000.00.

 

       Sec. 61b. (1) From the appropriation in section 11, there is allocated an amount

 

not to exceed $8,000,000.00 each FOR fiscal year for 2016-2017 and 2017-2018 2018-2019

 

for CTE early/middle college and CTE dual enrollment programs authorized under this

 

section and for planning grants for the development or expansion of CTE early/middle

 

college programs. The purpose of these programs is to increase the number of Michigan

 

residents with high-quality degrees or credentials, and to increase the number of

 

students who are college and career ready upon high school graduation.

 

       (2) From the funds allocated under subsection (1), an amount as determined under

 

this subsection shall be allocated to each intermediate district serving as a fiscal

 

agent for state-approved CTE early/middle college and CTE dual enrollment programs in

 

each of the prosperity regions and subregions identified by the department. An

 

intermediate district shall not use more than 5% of the funds allocated under this

 

subsection for administrative costs for serving as the fiscal agent.

 

       (3) To be an eligible fiscal agent, an intermediate district must agree to do all

 

of the following in a form and manner determined by the department:

 

       (a) Distribute funds to eligible CTE early/middle college and CTE dual enrollment

 

programs in a prosperity region or subregion as described in this section.

 

       (b) Collaborate with the talent district career council CAREER AND EDUCATIONAL

 

ADVISORY COUNCIL that is located in the prosperity region or subregion to develop a


regional strategic plan under subsection (4) that aligns CTE programs and services

 

into an efficient and effective delivery system for high school students.

 

       (c) Implement a regional process to rank career clusters in the prosperity region

 

or subregion as described under subsection (4). Regional processes shall be approved

 

by the department before the ranking of career clusters.

 

       (d) Report CTE early/middle college and CTE dual enrollment program and student

 

data and information as prescribed by the department AND THE CENTER.

 

       (4) A regional strategic plan must be approved by the talent district career

 

council CAREER AND EDUCATIONAL ADVISORY COUNCIL before submission to the department. A

 

regional strategic plan shall include, but not be limited to, the following:

 

       (a) An identification of regional employer need based on a ranking of all career

 

clusters in the prosperity region or subregion ranked by 10-year job openings

 

projections and median wage for each standard occupational code in each career cluster

 

as obtained from the United States Bureau of Labor Statistics. Standard occupational

 

codes within high-ranking clusters also may be further ranked by median wage. The

 

rankings shall be reviewed by the talent district career council CAREER AND

 

EDUCATIONAL ADVISORY COUNCIL located in the prosperity region or subregion and

 

modified if necessary to accurately reflect employer demand for talent in the

 

prosperity region or subregion. A talent district career council CAREER AND

 

EDUCATIONAL ADVISORY COUNCIL shall document that it has conducted this review and

 

certify that it is accurate. These career cluster rankings shall be determined and

 

updated once every 4 years.

 

       (b) An identification of educational entities in the prosperity region or

 

subregion that will provide eligible CTE early/middle college and CTE dual enrollment

 

programs including districts, intermediate districts, postsecondary institutions, and

 

noncredit occupational training programs leading to an industry-recognized credential.

 

       (c) A strategy to inform parents and students of CTE early/middle college and CTE


dual enrollment programs in the prosperity region or subregion.

 

       (d) Any other requirements as defined by the department.

 

       (5) An eligible CTE program is a program that meets all of the following:

 

       (a) Has been identified in the highest 5 career cluster rankings in any of the 10

 

regional strategic plans jointly approved by the Michigan talent investment agency in

 

the department of talent and economic development and the department.

 

       (b) Has a coherent sequence of courses that will allow a student to earn a high

 

school diploma and achieve at least 1 of the following in a specific career cluster:

 

       (i) An associate degree.

 

       (ii) An industry-recognized technical certification approved by the Michigan

 

talent investment agency in the department of talent and economic development.

 

       (iii) Up to 60 transferable college credits.

 

       (iv) Participation in a registered apprenticeship.

 

       (c) Is aligned with the Michigan merit curriculum.

 

       (d) Has an articulation agreement with at least 1 postsecondary institution that

 

provides students with opportunities to receive postsecondary credits during the

 

student's participation in the CTE early/middle college or CTE dual enrollment program

 

and transfers those credits to the postsecondary institution upon completion of the

 

CTE early/middle college or CTE dual enrollment program.

 

       (e) Provides instruction that is supervised, directed, or coordinated by an

 

appropriately certificated CTE teacher or, for concurrent enrollment courses, a

 

postsecondary faculty member.

 

       (f) Provides for highly integrated student support services that include at least

 

the following:

 

       (i) Teachers as academic advisors.

 

       (ii) Supervised course selection.

 

       (iii) Monitoring of student progress and completion.


       (iv) Career planning services provided by a local one-stop service center as

 

described in the Michigan works one-stop service center system act, 2006 PA 491, MCL

 

408.111 to 408.135, or by a high school counselor or advisor.

 

       (g) Has courses that are taught on a college campus, are college courses offered

 

at the high school and taught by college faculty, or are courses taught in combination

 

with online instruction.

 

       (6) Funds to eligible CTE early/middle college and CTE dual enrollment programs

 

shall be distributed as follows:

 

       (a) The department shall determine statewide average CTE costs per pupil for each

 

CIP code program by calculating statewide average costs for each CIP code program for

 

the 3 most recent fiscal years.

 

       (b) Distribution to each eligible CTE early/middle college or CTE dual enrollment

 

program shall be the product of 50% of CTE costs per pupil times the current year

 

pupil enrollment of each eligible CTE early/middle college or CTE dual enrollment

 

program.

 

       (7) In order to receive funds under this section, a CTE early/middle college or

 

CTE dual enrollment program shall furnish to the intermediate district that is the

 

fiscal agent identified in subsection (1), in a form and manner determined by the

 

department, all information needed to administer this program and meet federal

 

reporting requirements; shall allow the department or the department's designee to

 

review all records related to the program for which it receives funds; and shall

 

reimburse the state for all disallowances found in the review, as determined by the

 

department.

 

       (8) There is allocated from the funds under subsection (1) an amount not to

 

exceed $500,000.00 for 2017-2018 2018-2019 for grants to intermediate districts or

 

consortia of intermediate districts for the purpose of planning for new or expanded

 

early middle college programs. Applications for grants shall be submitted in a form


and manner determined by the department. The amount of a grant under this subsection

 

shall not exceed $50,000.00. To be eligible for a grant under this subsection, an

 

intermediate district or consortia of intermediate districts must provide matching

 

funds equal to the grant received under this subsection. Notwithstanding section 17b,

 

payments under this subsection may be made as determined by the department.

 

       (9) Funds distributed under this section may be used to fund program expenditures

 

that would otherwise be paid from foundation allowances. A program receiving funding

 

under section 61a may receive funding under this section for allowable costs that

 

exceed the reimbursement the program received under section 61a. The combined payments

 

received by a program under section 61a and this section shall not exceed the total

 

allowable costs of the program. A program provider shall not use more than 5% of the

 

funds allocated under this section to the program for administrative costs.

 

       (10) If the allocation under subsection (1) is insufficient to fully fund

 

payments as otherwise calculated under this section, the department shall prorate

 

payments under this section on an equal percentage basis.

 

       (11) If pupils enrolled in a career cluster in an eligible CTE early/middle

 

college or CTE dual enrollment program qualify to be reimbursed under this section,

 

those pupils continue to qualify for reimbursement until graduation, even if the

 

career cluster is no longer identified as being in the highest 5 career cluster

 

rankings.

 

       (12) As used in this section:

 

       (a) "Allowable costs" means those costs directly attributable to the program as

 

jointly determined by the Michigan talent investment agency and the department.

 

       (B) "CAREER AND EDUCATIONAL ADVISORY COUNCIL", OR ITS SUCCESSOR MEANS AN ADVISORY

 

COUNCIL TO THE LOCAL WORKFORCE DEVELOPMENT BOARDS LOCATED IN A PROSPERITY REGION

 

CONSISTING OF EDUCATIONAL, EMPLOYER, LABOR, AND PARENT REPRESENTATIVES.

 

       (C) (b) "CIP" means classification of instructional programs.


       (D) (c) "CTE" means career and technical education programs.

 

       (E) (d) "CTE dual enrollment program" means a 4-year high school program of

 

postsecondary courses offered by eligible postsecondary educational institutions that

 

leads to an industry-recognized certification or degree.

 

       (F) (e) "Early/middle college program" means a 5-year high school program.

 

       (G) (f) "Eligible postsecondary educational institution" means that term as

 

defined in section 3 of the career and technical preparation act, 2000 PA 258, MCL

 

388.1903.

 

(g) "Talent district career council" means an advisory council to the local workforce

 

development boards located in a prosperity region consisting of educational, employer,

 

labor, and parent representatives.

 

       SEC. 61D. (1) FROM THE APPROPRIATION IN SECTION 11, THERE IS ALLOCATED AN AMOUNT

 

NOT TO EXCEED $5,000,000.00 FOR 2018-2019 FOR ADDITIONAL PAYMENTS TO DISTRICTS FOR

 

PUPILS ENROLLED IN CAREER AND TECHNICAL EDUCATION PROGRAMS. THE PURPOSE OF FUNDS UNDER

 

THIS SECTION IS TO INCREASE THE NUMBER OF MICHIGAN RESIDENTS WITH HIGH-QUALITY DEGREES

 

OR CREDENTIALS, AND TO INCREASE THE NUMBER OF STUDENTS WHO ARE COLLEGE AND CAREER

 

READY UPON HIGH SCHOOL GRADUATION.

 

       (2) PAYMENTS TO DISTRICTS UNDER THIS SECTION SHALL BE CALCULATED IN THE FOLLOWING

 

MANNER:

 

       (A) A PAYMENT OF $25.00 MULTIPLIED BY THE NUMBER OF PUPILS IN GRADES 9 TO 12 WHO

 

ARE COUNTED IN MEMBERSHIP IN THE DISTRICT AND ARE ENROLLED IN AT LEAST 1 CAREER AND

 

TECHNICAL EDUCATION PROGRAM.

 

       (B) AN ADDITIONAL PAYMENT OF $25.00 MULTIPLIED BY THE NUMBER OF PUPILS IN GRADES

 

9 TO 12 WHO ARE COUNTED IN MEMBERSHIP IN THE DISTRICT AND ARE ENROLLED IN AT LEAST 1

 

CAREER AND TECHNICAL EDUCATION PROGRAM THAT PROVIDES INSTRUCTION IN CRITICAL SKILLS

 

AND HIGH-DEMAND CAREER FIELDS.

 

       (3) IF THE ALLOCATION UNDER SUBSECTION (1) IS INSUFFICIENT TO FULLY FUND PAYMENTS


UNDER SUBSECTION (2), THE DEPARTMENT SHALL PRORATE PAYMENTS UNDER THIS SECTION ON AN

 

EQUAL PER-PUPIL BASIS.

 

       (4) AS USED IN THIS SECTION:

 

       (A) "CAREER AND TECHNICAL EDUCATION PROGRAM" MEANS A STATE-APPROVED CAREER AND

 

TECHNICAL EDUCATION PROGRAM, AS DETERMINED BY THE DEPARTMENT.

 

       (B) "CAREER AND TECHNICAL EDUCATION PROGRAM THAT PROVIDES INSTRUCTION IN CRITICAL

 

SKILLS AND HIGH-DEMAND CAREER FIELD" MEANS A CAREER AND TECHNICAL EDUCATION PROGRAM

 

CLASSIFIED UNDER ANY OF THE FOLLOWING 2-DIGIT CLASSIFICATION OF INSTRUCTIONAL PROGRAMS

 

(CIP) CODES:

 

       (i) 01, WHICH REFERS TO "AGRICULTURE, AGRICULTURE OPERATIONS, AND RELATED

 

SCIENCES".

 

       (ii) 03, WHICH REFERS TO "NATURAL RESOURCES AND CONSERVATION".

 

       (iii) 10 THROUGH 11, WHICH REFERS TO "COMMUNICATIONS TECHNOLOGIES/TECHNICIANS AND

 

SUPPORT SERVICES" AND "COMPUTER AND INFORMATION SCIENCES AND SUPPORT SERVICES".

 

       (iv) 14 THROUGH 15, WHICH REFERS TO "ENGINEERING" AND "ENGINEERING TECHNOLOGIES

 

AND ENGINEERING-RELATED FIELDS".

 

       (v) 26, WHICH REFERS TO "BIOLOGICAL AND BIOMEDICAL SCIENCES".

 

       (vi) 46 THROUGH 48, WHICH REFERS TO "CONSTRUCTION TRADES", "MECHANIC AND REPAIR

 

TECHNOLOGIES/TECHNICIANS", AND "PRECISION PRODUCTION".

 

       (vii) 51, WHICH REFERS TO "HEALTH PROFESSIONS AND RELATED PROGRAMS".

 

       Sec. 62. (1) For the purposes of this section:

 

       (a) "Membership" means for a particular fiscal year the total membership for the

 

immediately preceding fiscal year of the intermediate district and the districts

 

constituent to the intermediate district or the total membership for the immediately

 

preceding fiscal year of the area vocational-technical program.

 

       (b) "Millage levied" means the millage levied for area vocational-technical

 

education pursuant to sections 681 to 690 of the revised school code, MCL 380.681 to


380.690, including a levy for debt service obligations incurred as the result of

 

borrowing for capital outlay projects and in meeting capital projects fund

 

requirements of area vocational-technical education.

 

       (c) "Taxable value" means the total taxable value of the districts constituent to

 

an intermediate district or area vocational-technical education program, except that

 

if a district has elected not to come under sections 681 to 690 of the revised school

 

code, MCL 380.681 to 380.690, the membership and taxable value of that district shall

 

not be included in the membership and taxable value of the intermediate district.

 

However, the membership and taxable value of a district that has elected not to come

 

under sections 681 to 690 of the revised school code, MCL 380.681 to 380.690, shall be

 

included in the membership and taxable value of the intermediate district if the

 

district meets both of the following:

 

       (i) The district operates the area vocational-technical education program

 

pursuant to a contract with the intermediate district.

 

       (ii) The district contributes an annual amount to the operation of the program

 

that is commensurate with the revenue that would have been raised for operation of the

 

program if millage were levied in the district for the program under sections 681 to

 

690 of the revised school code, MCL 380.681 to 380.690.

 

       (2) From the appropriation in section 11, there is allocated an amount not to

 

exceed $9,190,000.00 each FOR fiscal year for 2016-2017 and for 2017-2018 2018-2019 to

 

reimburse intermediate districts and area vocational-technical education programs

 

established under section 690(3) of the revised school code, MCL 380.690, levying

 

millages for area vocational-technical education pursuant to sections 681 to 690 of

 

the revised school code, MCL 380.681 to 380.690. The purpose, use, and expenditure of

 

the reimbursement shall be limited as if the funds were generated by those millages.

 

       (3) Reimbursement for the millages levied in 2015-2016 shall be made in 2016-2017

 

at an amount per 2015-2016 membership pupil computed by subtracting from $198,100.00


the 2015-2016 taxable value behind each membership pupil and multiplying the resulting

 

difference by the 2015-2016 millage levied.

 

       (3) (4) Reimbursement for those millages levied in 2016-2017 2017-2018 shall be

 

made in 2017-2018 2018-2019 at an amount per 2016-2017 2017-2018 membership pupil

 

computed by subtracting from $199,000.00 $205,600.00 the 2016-2017 2017-2018 taxable

 

value behind each membership pupil and multiplying the resulting difference by the

 

2016-2017 2017-2018 millage levied, and then subtracting from that amount the 2016-

 

2017 2017-2018 local community stabilization share revenue for area vocational

 

technical education behind each membership pupil for reimbursement of personal

 

property exemption loss under the local community stabilization authority act, 2014 PA

 

86, MCL 123.1341 to 123.1362.

 

       (4) (5) The amount paid to a single intermediate district under this section

 

shall not exceed 38.4% of the total amount allocated under subsection (2).

 

       (5) (6) The amount paid to a single intermediate district under this section

 

shall not be less than 75% of the amount allocated to the intermediate district under

 

this section for the immediately preceding fiscal year.

 

       Sec. 64b. (1) From the appropriation in section 11, there is allocated an amount

 

not to exceed $1,750,000.00 for 2017-2018 2018-2019 for supplemental payments to

 

districts that support the attendance of district pupils in grades 9 to 12 under the

 

postsecondary enrollment options act, 1996 PA 160, MCL 388.511 to 388.524, or under

 

the career and technical preparation act, 2000 PA 258, MCL 388.1901 to 388.1913,

 

consistent with section 21b, or that support the attendance of district pupils in a

 

concurrent enrollment program if the district meets the requirements under subsection

 

(3). Programs funded under this section are intended to increase the number of pupils

 

who are college- and career-ready upon high school graduation.

 

       (2) To be eligible for payments under this section for supporting the attendance

 

of district pupils under the postsecondary enrollment options act, 1996 PA 160, MCL


388.511 to 388.524, or under the career and technical preparation act, 2000 PA 258,

 

MCL 388.1901 to 388.1913, a district shall do all of the following:

 

       (a) Provide information to all high school pupils on postsecondary enrollment

 

options, including enrollment eligibility, the institutions and types of courses that

 

are eligible for participation, the decision-making process for granting academic

 

credit, and an explanation of eligible charges that will be paid by the district.

 

       (b) Enter into a written agreement with a postsecondary institution before the

 

enrollment of district pupils.

 

       (c) Agree to pay all eligible charges pursuant to section 21b.

 

       (d) Award high school credit for the postsecondary course if the pupil

 

successfully completes the course.

 

       (3) To be eligible for payments under this section for pupils enrolled in a

 

concurrent enrollment program, a district shall do all of the following:

 

       (a) Provide information to all high school pupils on postsecondary enrollment

 

options, including enrollment eligibility, the institutions and types of courses that

 

are eligible for participation, the decision-making process for granting academic

 

credit, and an explanation of eligible charges that will be paid by the district.

 

       (b) Enter into a written agreement with a postsecondary institution establishing

 

the concurrent enrollment program before the enrollment of district pupils in a

 

postsecondary course through the postsecondary institution.

 

       (c) Ensure that the course is taught by either a high school teacher or

 

postsecondary faculty pursuant to standards established by the postsecondary

 

institution with which the district has entered into a written agreement to operate

 

the concurrent enrollment program.

 

       (d) Ensure that the written agreement provides that the postsecondary institution

 

agrees not to charge the pupil for any cost of the program.

 

       (e) Ensure that the course is taught in the local district or intermediate


district.

 

       (f) Ensure that the pupil is awarded both high school and college credit at a

 

community college or state public university in this state upon successful completion

 

of the course as outlined in the agreement with the postsecondary institution.

 

       (4) Funds shall be awarded to eligible districts under this section in the

 

following manner:

 

       (a) A payment of $10.00 per credit, for up to 3 credits, for a credit-bearing

 

course in which a pupil enrolls during the current school year, as described under

 

either subsection (2) or (3).

 

       (b) An additional payment of $30.00 per-pupil per course identified in

 

subdivision (a), if the pupil successfully completes, and is awarded both high school

 

and postsecondary credit for, the course during the current school year.

 

       (5) A district requesting payment under this section shall submit an application

 

to the department in the form and manner prescribed by the department. Notwithstanding

 

section 17b, payments under this section shall be made on a schedule determined by the

 

department.

 

       Sec. 67. (1) From the general fund amount appropriated in section 11, there is

 

allocated an amount not to exceed $3,000,000.00 for 2017-2018 2018-2019 for college

 

access programs. The programs funded under this section are intended to inform

 

students of college and career options and to provide resources intended to increase

 

the number of pupils who are adequately prepared with the information needed to make

 

informed decisions on college and career. The funds appropriated under this section

 

are intended to be used to increase the number of Michigan residents with high-quality

 

degrees or credentials. Funds appropriated under this section shall not be used to

 

supplant funding for counselors already funded by districts.

 

       (2) The talent investment agency of the department of talent and economic

 

development shall administer funds allocated under this section in collaboration with


the Michigan college access network. These funds may be used for any of the following

 

purposes:

 

       (a) Michigan college access network operations, programming, and services to

 

local college access networks.

 

       (b) Local college access networks, which are community-based college

 

access/success partnerships committed to increasing the college participation and

 

completion rates within geographically defined communities through a coordinated

 

strategy.

 

       (c) The Michigan college advising program, a program intended to place trained,

 

recently graduated college advisors in high schools that serve significant numbers of

 

low-income and first-generation college-going pupils. State funds used for this

 

purpose may not exceed 33% of the total funds available under this subsection.

 

       (d) Subgrants of up to $5,000.00 to districts with comprehensive high schools

 

that establish a college access team and implement specific strategies to create a

 

college-going culture in a high school in a form and manner approved by the Michigan

 

college access network and the Michigan talent investment agency.

 

       (e) The Michigan college access portal, an online one-stop portal to help pupils

 

and families plan and apply for college.

 

       (f) Public awareness and outreach campaigns to encourage low-income and first-

 

generation college-going pupils to take necessary steps toward college and to assist

 

pupils and families in completing a timely and accurate free application for federal

 

student aid.

 

       (g) Subgrants to postsecondary institutions to recruit, hire, and train college

 

student mentors and college advisors to assist high school pupils in navigating the

 

postsecondary planning and enrollment process.

 

       (3) For the purposes of this section, "college" means any postsecondary

 

educational opportunity that leads to a career, including, but not limited to, a


postsecondary degree, industry-recognized technical certification, or registered

 

apprenticeship.

 

       Sec. 74. (1) From the amount appropriated in section 11, there is allocated an

 

amount not to exceed $3,730,300.00 $3,754,900.00 for 2017-2018 2018-2019 for the

 

purposes of this section.

 

       (2) From the allocation in subsection (1), there is allocated for each fiscal

 

year the amount necessary for payments to state supported colleges or universities and

 

intermediate districts providing school bus driver safety instruction pursuant to

 

section 51 of the pupil transportation act, 1990 PA 187, MCL 257.1851. The payments

 

shall be in an amount determined by the department not to exceed the actual cost of

 

instruction and driver compensation for each public or nonpublic school bus driver

 

attending a course of instruction. For the purpose of computing compensation, the

 

hourly rate allowed each school bus driver shall not exceed the hourly rate received

 

for driving a school bus. Reimbursement compensating the driver during the course of

 

instruction shall be made by the department to the college or university or

 

intermediate district providing the course of instruction.

 

       (3) From the allocation in subsection (1), there is allocated for 2017-2018 2018-

 

2019 the amount necessary to pay the reasonable costs of nonspecial education

 

auxiliary services transportation provided pursuant to section 1323 of the revised

 

school code, MCL 380.1323. Districts funded under this subsection shall not receive

 

funding under any other section of this article for nonspecial education auxiliary

 

services transportation.

 

       (4) From the funds allocated in subsection (1), there is allocated an amount not

 

to exceed $1,705,300.00 $1,729,900.00 for 2017-2018 2018-2019 for reimbursement to

 

districts and intermediate districts for costs associated with the inspection of

 

school buses and pupil transportation vehicles by the department of state police as

 

required under section 715a of the Michigan vehicle code, 1949 PA 300, MCL 257.715a,


and section 39 of the pupil transportation act, 1990 PA 187, MCL 257.1839. The

 

department of state police shall prepare a statement of costs attributable to each

 

district for which bus inspections are provided and submit it to the department and to

 

an intermediate district serving as fiduciary in a time and manner determined jointly

 

by the department and the department of state police. Upon review and approval of the

 

statement of cost, the department shall forward to the designated intermediate

 

district serving as fiduciary the amount of the reimbursement on behalf of each

 

district and intermediate district for costs detailed on the statement within 45 days

 

after receipt of the statement. The designated intermediate district shall make

 

payment in the amount specified on the statement to the department of state police

 

within 45 days after receipt of the statement. The total reimbursement of costs under

 

this subsection shall not exceed the amount allocated under this subsection.

 

Notwithstanding section 17b, payments to eligible entities under this subsection shall

 

be paid on a schedule prescribed by the department.

 

       Sec. 81. (1) From the appropriation in section 11, there is allocated for 2017-

 

2018 2018-2019 to the intermediate districts the sum necessary, but not to exceed

 

$67,108,000.00 to provide state aid to intermediate districts under this section.

 

       (2) The amount allocated under this section to each intermediate district is an

 

amount equal to 100% of the amount allocated to the intermediate district under this

 

section for 2016-2017 2017-2018. Funding provided under this section shall be used to

 

comply with requirements of this article and the revised school code that are

 

applicable to intermediate districts, and for which funding is not provided elsewhere

 

in this article, and to provide technical assistance to districts as authorized by the

 

intermediate school board.

 

       (3) Intermediate districts receiving funds under this section, shall collaborate

 

with the department to develop expanded professional development opportunities for

 

teachers to update and expand their knowledge and skills needed to support the


Michigan merit curriculum.

 

       (4) From the allocation in subsection (1), there is allocated to an intermediate

 

district, formed by the consolidation or annexation of 2 or more intermediate

 

districts or the attachment of a total intermediate district to another intermediate

 

school district or the annexation of all of the constituent K-12 districts of a

 

previously existing intermediate school district which has disorganized, an additional

 

allotment of $3,500.00 each fiscal year for each intermediate district included in the

 

new intermediate district for 3 years following consolidation, annexation, or

 

attachment.

 

       (5) In order to receive funding under this section, an intermediate district

 

shall do all of the following:

 

       (a) Demonstrate to the satisfaction of the department that the intermediate

 

district employs at least 1 person who is trained in pupil accounting and auditing

 

procedures, rules, and regulations.

 

       (b) Demonstrate to the satisfaction of the department that the intermediate

 

district employs at least 1 person who is trained in rules, regulations, and district

 

reporting procedures for the individual-level student data that serves as the basis

 

for the calculation of the district and high school graduation and dropout rates.

 

       (c) Comply with sections 1278a and 1278b of the revised school code, MCL

 

380.1278a and 380.1278b.

 

       (d) Furnish data and other information required by state and federal law to the

 

center and the department in the form and manner specified by the center or the

 

department, as applicable.

 

       (e) Comply with section 1230g of the revised school code, MCL 380.1230g.

 

       (f) Comply with section 761 of the revised school code, MCL 380.761.

 

       Sec. 94. (1) From the general fund appropriation in section 11, there is

 

allocated to the department for 2017-2018 2018-2019 an amount not to exceed


$750,000.00 for efforts to increase the number of pupils who participate and succeed

 

in advanced placement and international baccalaureate programs.

 

       (2) From the funds allocated under this section, the department shall award funds

 

to cover all or part of the costs of advanced placement test fees or international

 

baccalaureate test fees and international baccalaureate registration fees for low-

 

income pupils who take an advanced placement or an international baccalaureate test.

 

Payments shall not exceed $20.00 per test completed or $150.00 per international

 

baccalaureate registration fees per pupil registered.

 

       (3) The department shall only award funds under this section if the department

 

determines that all of the following criteria are met:

 

       (a) Each pupil for whom payment is made meets eligibility requirements of the

 

federal advanced placement test fee program under section 1701 of the no child left

 

behind act of 2001, Public Law 107-110, or under a corresponding provision of the

 

every student succeeds act, Public Law 114-95.

 

       (b) The tests are administered by the college board, the international

 

baccalaureate organization, or another test provider approved by the department.

 

       (c) The pupil for whom payment is made pays at least $5.00 toward the cost of

 

each test for which payment is made.

 

       (4) The department shall establish procedures for awarding funds under this

 

section.

 

       (5) Notwithstanding section 17b, payments under this section shall be made on a

 

schedule determined by the department.

 

       Sec. 94a. (1) There is created within the state budget office in the department

 

of technology, management, and budget the center for educational performance and

 

information. The center shall do all of the following:

 

       (a) Coordinate the collection of all data required by state and federal law from

 

districts, intermediate districts, and postsecondary institutions.


       (b) Create, maintain, and enhance this state's P-20 longitudinal data system and

 

ensure that it meets the requirements of subsection (4).

 

       (c) Collect data in the most efficient manner possible in order to reduce the

 

administrative burden on reporting entities, including, but not limited to, electronic

 

transcript services.

 

       (d) Create, maintain, and enhance this state's web-based educational portal to

 

provide information to school leaders, teachers, researchers, and the public in

 

compliance with all federal and state privacy laws. Data shall include, but are not

 

limited to, all of the following:

 

       (i) Data sets that link teachers to student information, allowing districts to

 

assess individual teacher impact on student performance and consider student growth

 

factors in teacher and principal evaluation systems.

 

       (ii) Data access or, if practical, data sets, provided for regional data hubs

 

that, in combination with local data, can improve teaching and learning in the

 

classroom.

 

       (iii) Research-ready data sets for researchers to perform research that advances

 

this state's educational performance.

 

       (e) Provide data in a useful manner to allow state and local policymakers to make

 

informed policy decisions.

 

       (f) Provide public reports to the citizens of this state to allow them to assess

 

allocation of resources and the return on their investment in the education system of

 

this state.

 

       (g) Other functions as assigned by the state budget director.

 

       (2) Each state department, officer, or agency that collects information from

 

districts, intermediate districts, or postsecondary institutions as required under

 

state or federal law shall make arrangements with the center to ensure that the state

 

department, officer, or agency is in compliance with subsection (1). This subsection


does not apply to information collected by the department of treasury under the

 

uniform budgeting and accounting act, 1968 PA 2, MCL 141.421 to 141.440a; the revised

 

municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821; the school bond

 

qualification, approval, and loan act, 2005 PA 92, MCL 388.1921 to 388.1939; or

 

section 1351a of the revised school code, MCL 380.1351a.

 

       (3) The center may enter into any interlocal agreements necessary to fulfill its

 

functions.

 

       (4) The center shall ensure that the P-20 longitudinal data system required under

 

subsection (1)(b) meets all of the following:

 

       (a) Includes data at the individual student level from preschool through

 

postsecondary education and into the workforce.

 

       (b) Supports interoperability by using standard data structures, data formats,

 

and data definitions to ensure linkage and connectivity in a manner that facilitates

 

the exchange of data among agencies and institutions within the state and between

 

states.

 

       (c) Enables the matching of individual teacher and student records so that an

 

individual student may be matched with those teachers providing instruction to that

 

student.

 

       (d) Enables the matching of individual teachers with information about their

 

certification and the institutions that prepared and recommended those teachers for

 

state certification.

 

       (e) Enables data to be easily generated for continuous improvement and decision-

 

making, including timely reporting to parents, teachers, and school leaders on student

 

achievement.

 

       (f) Ensures the reasonable quality, validity, and reliability of data contained

 

in the system.

 

       (g) Provides this state with the ability to meet federal and state reporting


requirements.

 

       (h) For data elements related to preschool through grade 12 and postsecondary,

 

meets all of the following:

 

       (i) Contains a unique statewide student identifier that does not permit a student

 

to be individually identified by users of the system, except as allowed by federal and

 

state law.

 

       (ii) Contains student-level enrollment, demographic, and program participation

 

information.

 

       (iii) Contains student-level information about the points at which students exit,

 

transfer in, transfer out, drop out, or complete education programs.

 

       (iv) Has the capacity to communicate with higher education data systems.

 

       (i) For data elements related to preschool through grade 12 only, meets all of

 

the following:

 

       (i) Contains yearly test records of individual students for assessments approved

 

by DED-OESE for accountability purposes under section 1111(b) of the elementary and

 

secondary education act of 1965, 20 USC 6311, including information on individual

 

students not tested, by grade and subject.

 

       (ii) Contains student-level transcript information, including information on

 

courses completed and grades earned.

 

       (iii) Contains student-level college readiness test scores.

 

       (j) For data elements related to postsecondary education only:

 

       (i) Contains data that provide information regarding the extent to which

 

individual students transition successfully from secondary school to postsecondary

 

education, including, but not limited to, all of the following:

 

       (A) Enrollment in remedial coursework.

 

       (B) Completion of 1 year's worth of college credit applicable to a degree within

 

2 years of enrollment.


       (ii) Contains data that provide other information determined necessary to address

 

alignment and adequate preparation for success in postsecondary education.

 

       (5) From the general fund appropriation in section 11, there is allocated an

 

amount not to exceed $10,173,200.00 for 2016-2017 and an amount not to exceed

 

$16,216,000.00 $16,356,700.00 for 2017-2018 2018-2019 to the department of technology,

 

management, and budget to support the operations of the center. In addition, from the

 

federal funds appropriated in section 11 there is allocated for each fiscal year for

 

2016-2017 and for 2017-2018 2018-2019 the amount necessary, estimated at $193,500.00,

 

to support the operations of the center and to establish a P-20 longitudinal data

 

system necessary for state and federal reporting purposes. The center shall cooperate

 

with the department to ensure that this state is in compliance with federal law and is

 

maximizing opportunities for increased federal funding to improve education in this

 

state.

 

       (6) From the funds allocated in subsection (5), the center may use an amount

 

determined by the center for competitive grants for 2017-2018 2018-2019 to support

 

collaborative efforts on the P-20 longitudinal data system. All of the following apply

 

to grants awarded under this subsection:

 

       (a) The center shall award competitive grants to eligible intermediate districts

 

or a consortium of intermediate districts based on criteria established by the center.

 

       (b) Activities funded under the grant shall support the P-20 longitudinal data

 

system portal and may include portal hosting, hardware and software acquisition,

 

maintenance, enhancements, user support and related materials, and professional

 

learning tools and activities aimed at improving the utility of the P-20 longitudinal

 

data system.

 

       (c) An applicant that received a grant under this subsection for the immediately

 

preceding fiscal year shall receive priority for funding under this section. However,

 

after 3 fiscal years of continuous funding, an applicant is required to compete openly


with new applicants.

 

       (7) Funds allocated under this section that are not expended in the fiscal year

 

in which they were allocated may be carried forward to a subsequent fiscal year and

 

are appropriated for the purposes for which the funds were originally allocated.

 

       (8) The center may bill departments as necessary in order to fulfill reporting

 

requirements of state and federal law. The center may also enter into agreements to

 

supply custom data, analysis, and reporting to other principal executive departments,

 

state agencies, local units of government, and other individuals and organizations.

 

The center may receive and expend funds in addition to those authorized in subsection

 

(5) to cover the costs associated with salaries, benefits, supplies, materials, and

 

equipment necessary to provide such data, analysis, and reporting services.

 

       (9) As used in this section:

 

       (a) "DED-OESE" means the United States Department of Education Office of

 

Elementary and Secondary Education.

 

       (b) "State education agency" means the department.

 

       Sec. 98. (1) From the general fund money appropriated in section 11, there is

 

allocated an amount not to exceed $7,387,500.00 for 2017-2018 2018-2019 for the

 

purposes described in this section. The Michigan Virtual University shall provide a

 

report to the legislature not later than November 1, 2017 OF EACH YEAR, that includes

 

its mission, its plans, and proposed benchmarks it must meet, which shall include a

 

plan to achieve a 50% increase in documented improvement in each requirement of the

 

Michigan Virtual Learning Research Institute and Michigan Virtual School, and all

 

other THE organizational priorities identified in this section, in order to receive

 

full funding for 2018-2019 2019-2020. Not later than March 1, 2018 OF EACH YEAR, the

 

Michigan Virtual University shall provide an update to the house and senate

 

appropriations subcommittees on school aid to show the progress being made to meet the

 

benchmarks identified.


       (2) The Michigan Virtual University shall operate the Michigan Virtual Learning

 

Research Institute. The Michigan Virtual Learning Research Institute shall do all of

 

the following:

 

       (a) Support and accelerate innovation in education through the following

 

activities:

 

       (i) Test, evaluate, and recommend as appropriate new technology-based

 

instructional tools and resources.

 

       (ii) Research, design, and recommend virtual education delivery models for use by

 

pupils and teachers that include age-appropriate multimedia instructional content.

 

       (iii) Research, develop, and recommend annually to the department criteria by

 

which cyber schools and virtual course providers should be monitored and evaluated to

 

ensure a quality education for their pupils.

 

       (iv) Based on pupil completion and performance data reported to the department or

 

the center for educational performance and information from cyber schools and other

 

virtual course providers operating in this state, analyze the effectiveness of virtual

 

learning delivery models in preparing pupils to be college- and career-ready and

 

publish a report that highlights enrollment totals, completion rates, and the overall

 

impact on pupils. The report shall be submitted to the house and senate appropriations

 

subcommittees on state school aid, the state budget director, the house and senate

 

fiscal agencies, the department, districts, and intermediate districts not later than

 

March 31, 2018 OF EACH YEAR.

 

       (v) Provide an extensive professional development program to at least 30,000

 

educational personnel, including teachers, school administrators, and school board

 

members, that focuses on the effective integration of virtual learning into curricula

 

and instruction. The Michigan Virtual Learning Research Institute is encouraged to

 

work with the MiSTEM advisory council created under section 99s to coordinate

 

professional development of teachers in applicable fields. In addition, the Michigan


Virtual Learning Research Institute and external stakeholders are encouraged to

 

coordinate with the department for professional development in this state. Not later

 

than December 1, 2018 OF EACH YEAR, the Michigan Virtual Learning Research Institute

 

shall submit a report to the house and senate appropriations subcommittees on state

 

school aid, the state budget director, the house and senate fiscal agencies, and the

 

department on the number and percentage of teachers, school administrators, and school

 

board members who have received professional development services from the Michigan

 

Virtual University. The report shall also identify barriers and other opportunities to

 

encourage the adoption of virtual learning in the public education system.

 

       (vi) Identify and share best practices for planning, implementing, and evaluating

 

virtual and blended education delivery models with intermediate districts, districts,

 

and public school academies to accelerate the adoption of innovative education

 

delivery models statewide.

 

       (b) Provide leadership for this state's system of virtual learning education by

 

doing the following activities:

 

       (i) Develop and report policy recommendations to the governor and the legislature

 

that accelerate the expansion of effective virtual learning in this state's schools.

 

       (ii) Provide a clearinghouse for research reports, academic studies, evaluations,

 

and other information related to virtual learning.

 

       (iii) Promote and distribute the most current instructional design standards and

 

guidelines for virtual teaching.

 

       (iv) In collaboration with the department and interested colleges and

 

universities in this state, support implementation and improvements related to

 

effective virtual learning instruction.

 

       (v) Pursue public/private partnerships that include districts to study and

 

implement competency-based technology-rich virtual learning models.

 

       (vi) Create a statewide network of school-based mentors serving as liaisons


between pupils, virtual instructors, parents, and school staff, as provided by the

 

department or the center, and provide mentors with research-based training and

 

technical assistance designed to help more pupils be successful virtual learners.

 

       (vii) Convene focus groups and conduct annual surveys of teachers,

 

administrators, pupils, parents, and others to identify barriers and opportunities

 

related to virtual learning.

 

       (viii) Produce an annual consumer awareness report for schools and parents about

 

effective virtual education providers and education delivery models, performance data,

 

cost structures, and research trends.

 

       (ix) Research and establish PROVIDE an internet-based platform that educators can

 

use to create student-centric learning tools and resources FOR SHARING IN THE STATE’S

 

OPEN EDUCATIONAL RESOURCE REPOSITORY and facilitate a user network that assists

 

educators in using the CONTENT CREATION platform AND STATE REPOSITORY FOR OPEN

 

EDUCATIONAL RESOURCES. As part of this initiative, the Michigan Virtual University

 

shall work collaboratively with districts and intermediate districts to establish a

 

plan to make available virtual resources that align to Michigan's K-12 curriculum

 

standards for use by students, educators, and parents.

 

       (x) Create and maintain a public statewide catalog of virtual learning courses

 

being offered by all public schools and community colleges in this state. The Michigan

 

Virtual Learning Research Institute shall identify and develop a list of nationally

 

recognized best practices for virtual learning and use this list to support reviews of

 

virtual course vendors, courses, and instructional practices. The Michigan Virtual

 

Learning Research Institute shall also provide a mechanism for intermediate districts

 

to use the identified best practices to review content offered by constituent

 

districts. The Michigan Virtual Learning Research Institute shall review the virtual

 

course offerings of the Michigan Virtual University, and make the results from these

 

reviews available to the public as part of the statewide catalog. The Michigan Virtual


Learning Research Institute shall ensure that the statewide catalog is made available

 

to the public on the Michigan Virtual University website and shall allow the ability

 

to link it to each district's website as provided for in section 21f. The statewide

 

catalog shall also contain all of the following:

 

       (A) The number of enrollments in each virtual course in the immediately preceding

 

school year.

 

       (B) The number of enrollments that earned 60% or more of the total course points

 

for each virtual course in the immediately preceding school year.

 

       (C) The completion PASS rate for each virtual course.

 

       (xi) Develop prototype and pilot SUPPORT registration, payment services, and

 

transcript functionality to FOR the statewide catalog and train key stakeholders on

 

how to use new features.

 

       (xii) Collaborate with key stakeholders to examine district level accountability

 

and teacher effectiveness issues related to virtual learning under section 21f and

 

make findings and recommendations publicly available.

 

       (xiii) Provide a report on the activities of the Michigan Virtual Learning

 

Research Institute.

 

       (3) To further enhance its expertise and leadership in virtual learning, the

 

Michigan Virtual University shall continue to operate the Michigan Virtual School as a

 

statewide laboratory and quality model of instruction by implementing virtual and

 

blended learning solutions for Michigan schools in accordance with the following

 

parameters:

 

       (a) The Michigan Virtual School must maintain its accreditation status from

 

recognized national and international accrediting entities.

 

       (b) The Michigan Virtual University shall use no more than $1,000,000.00 of the

 

amount allocated under this section to subsidize the cost paid by districts for

 

virtual courses.


       (c) In providing educators responsible for the teaching of virtual courses as

 

provided for in this section, the Michigan Virtual School shall follow the

 

requirements to request and assess, and the department of state police shall provide a

 

criminal history check and criminal records check under sections 1230 and 1230a of the

 

revised school code, MCL 380.1230 and 380.1230a., in the same manner as if the

 

Michigan Virtual School were a school district under those sections.

 

       (4) From the funds allocated under subsection (1), the Michigan Virtual

 

University shall allocate up to $500,000.00 to support the expansion of new online and

 

blended educator professional development programs.

 

       (5) If the course offerings are included in the statewide catalog of virtual

 

courses under subsection (2)(b)(x), the Michigan Virtual School operated by the

 

Michigan Virtual University may offer virtual course offerings, including, but not

 

limited to, all of the following:

 

       (a) Information technology courses.

 

       (b) College level equivalent courses, as defined in section 1471 of the revised

 

school code, MCL 380.1471.

 

       (c) Courses and dual enrollment opportunities.

 

       (d) Programs and services for at-risk pupils.

 

       (e) High school equivalency test preparation courses for adjudicated youth.

 

       (f) Special interest courses.

 

       (g) Professional development programs for teachers, school administrators, other

 

school employees, and school board members.

 

       (6) If a home-schooled or nonpublic school student is a resident of a district

 

that subscribes to services provided by the Michigan Virtual School, the student may

 

use the services provided by the Michigan Virtual School to the district without

 

charge to the student beyond what is charged to a district pupil using the same

 

services.


       (7) Not later than December 1 of each fiscal year, the Michigan Virtual

 

University shall provide a report to the house and senate appropriations subcommittees

 

on state school aid, the state budget director, the house and senate fiscal agencies,

 

and the department that includes at least all of the following information related to

 

the Michigan Virtual School for the preceding state fiscal year:

 

       (a) A list of the districts served by the Michigan Virtual School.

 

       (b) A list of virtual course titles available to districts.

 

       (c) The total number of virtual course enrollments and information on

 

registrations and completions by course.

 

       (d) The overall course completion rate percentage.

 

       (8) In addition to the information listed in subsection (7), the report under

 

subsection (7) shall also include a plan to serve at least 600 schools with courses

 

from the Michigan Virtual School or with content available through the internet-based

 

platform identified in subsection (2)(b)(ix).

 

       (9) The governor may appoint an advisory group for the Michigan Virtual Learning

 

Research Institute established under subsection (2). The members of the advisory group

 

shall serve at the pleasure of the governor and shall serve without compensation. The

 

purpose of the advisory group is to make recommendations to the governor, the

 

legislature, and the president and board of the Michigan Virtual University that will

 

accelerate innovation in this state's education system in a manner that will prepare

 

elementary and secondary students to be career and college ready and that will promote

 

the goal of increasing the percentage of citizens of this state with high-quality

 

degrees and credentials to at least 60% by 2025.

 

       (10) Not later than November 1, 2017 OF EACH YEAR, the Michigan Virtual

 

University shall submit to the house and senate appropriations subcommittees on state

 

school aid, the state budget director, and the house and senate fiscal agencies a

 

detailed budget for the 2017-2018 2018-2019 fiscal year that includes a breakdown on


its projected costs to deliver virtual educational services to districts and a summary

 

of the anticipated fees to be paid by districts for those services. Not later than

 

March 1 each year, the Michigan Virtual University shall submit to the house and

 

senate appropriations subcommittees on state school aid, the state budget director,

 

and the house and senate fiscal agencies a breakdown on its actual costs to deliver

 

virtual educational services to districts and a summary of the actual fees paid by

 

districts for those services based on audited financial statements for the immediately

 

preceding fiscal year.

 

       (11) As used in this section:

 

       (a) "Blended learning" means a hybrid instructional delivery model where pupils

 

are provided content, instruction, and assessment, in part at a supervised educational

 

facility away from home where the pupil and a teacher with a valid Michigan teaching

 

certificate are in the same physical location and in part through internet-connected

 

learning environments with some degree of pupil control over time, location, and pace

 

of instruction.

 

       (b) "Cyber school" means a full-time instructional program of virtual courses for

 

pupils that may or may not require attendance at a physical school location.

 

       (c) "Virtual course" means a course of study that is capable of generating a

 

credit or a grade and that is provided in an interactive learning environment in which

 

the majority of the curriculum is delivered using the internet and in which pupils are

 

separated from their instructor or teacher of record by time or location, or both.

 

       Sec. 99h. (1) From the state school aid fund appropriation in section 11, there

 

is allocated an amount not to exceed $2,500,000.00 for 2017-2018 2018-2019 for

 

competitive grants to districts, and from the general fund appropriation in section

 

11, there is allocated an amount not to exceed $300,000.00 for 2017-2018 for

 

competitive grants to nonpublic schools, INTERMEDIATE SCHOOL DISTRICTS, AND PUBLIC

 

SCHOOL ACADEMIES that provide pupils in grades K to 12 with expanded opportunities to


improve mathematics, science, and technology skills by participating in events hosted

 

by a science and technology development program known as FIRST (for inspiration and

 

recognition of science and technology) Robotics, including JR FIRST Lego League, FIRST

 

Lego League, FIRST tech challenge, and FIRST Robotics competition. Programs funded

 

under this section are intended to increase the number of pupils demonstrating

 

proficiency in science and mathematics on the state assessments and to increase the

 

number of pupils who are college- and career-ready upon high school graduation.

 

Notwithstanding section 17b, grant payments to districts and nonpublic schools,

 

INTERMEDIATE SCHOOL DISTRICTS, AND PUBLIC SCHOOL ACADEMIES under this section shall be

 

paid on a schedule determined by the department. The department shall set maximum

 

grant awards for each different level of competition in a manner that both maximizes

 

the number of teams that will be able to receive funds and expands the geographical

 

distribution of teams.

 

       (2) A district or nonpublic school, INTERMEDIATE SCHOOL DISTRICT, OR PUBLIC

 

SCHOOL ACADEMY applying for a grant under this section shall submit an application in

 

a form and manner determined by the department. To be eligible for a grant, a district

 

or nonpublic school, INTERMEDIATE SCHOOL DISTRICT, OR PUBLIC SCHOOL ACADEMY shall

 

demonstrate in its application that the district or nonpublic school IT has

 

established a partnership for the purposes of the FIRST Robotics program with at least

 

1 sponsor, business entity, higher education institution, or technical school, shall

 

submit a spending plan, and shall pay at least 25% of the cost of the FIRST Robotics

 

program.

 

       (3) The department shall distribute the grant funding under this section for the

 

following purposes:

 

       (a) Grants to districts or nonpublic schools, INTERMEDIATE SCHOOL DISTRICTS, OR

 

PUBLIC SCHOOL ACADEMIES to pay for stipends not to exceed $1,500.00 for 1 coach per

 

team.


       (b) Grants to districts or nonpublic schools, INTERMEDIATE SCHOOL DISTRICTS, OR

 

PUBLIC SCHOOL ACADEMIES for event registrations, materials, travel costs, and other

 

expenses associated with the preparation for and attendance at FIRST Robotics events

 

and competitions. Each grant recipient shall provide a local match from other private

 

or local funds for the funds received under this subdivision equal to at least 50% of

 

the costs of participating in an event.

 

       (c) Grants to districts or nonpublic schools, INTERMEDIATE SCHOOL DISTRICTS, OR

 

PUBLIC SCHOOL ACADEMIES for awards to teams that advance to the state and world

 

championship competitions. The department shall determine an equal amount per team for

 

those teams that advance to the state championship and a second equal award amount to

 

those teams that advance to the world championship.

 

       (4) A nonpublic school that receives a grant under this section may use the funds

 

for either FIRST Robotics or Science Olympiad programs.

 

       (5) To be eligible to receive funds under this section, a nonpublic school must

 

be a nonpublic school registered with the department and must meet all applicable

 

state reporting requirements for nonpublic schools.

 

       Sec. 99r. (1) From the general fund appropriation under section 11, there is

 

allocated for 2016-2017 an amount not to exceed $75,000.00, and there is allocated for

 

2017-2018 2018-2019 an amount not to exceed $250,000.00 $400,000.00 TO THE DEPARTMENT

 

OF TECHNOLOGY, MANAGEMENT, AND BUDGET, to support the creation FUNCTIONS of the

 

EXECUTIVE DIRECTOR AND EXECUTIVE ASSISTANT FOR THE MISTEM network.

 

       (2) From the general fund allocation under this section, there is allocated for

 

2016-2017 an amount not to exceed $75,000.00 to the department of technology,

 

management, and budget to support the functions of a transitional executive director

 

and executive assistant for the MiSTEM network. The department of technology,

 

management, and budget shall work with the Michigan Mathematics and Science Centers

 

Network and the MiSTEM council to hire the transitional executive director and


executive assistant. The transitional executive director and executive assistant shall

 

work with the president and executive director of the Michigan Mathematics and Science

 

Centers Network and the chairperson and vice-chairperson of the MiSTEM council. The

 

transitional executive director and executive assistant shall do all of the following:

 

       (a) Develop a plan for the creation of MiSTEM network regions that does all of

 

the following:

 

       (i) Creates a structured relationship between the MiSTEM council, MiSTEM network

 

executive director and executive assistant, and MiSTEM network region staff that

 

ensures services to all regions and local communities in each region.

 

       (ii) Empowers the MiSTEM network regions in a manner that creates a robust

 

statewide STEM culture, empowers STEM teachers, integrates business and education into

 

the MiSTEM network, and ensures high-quality and equitable distribution of STEM

 

experiences for pupils.

 

       (iii) Identifies region boundaries throughout the state and identifies fiscal

 

agents within those regions.

 

       (iv) Identifies MiSTEM state and regional goals and objectives and processes by

 

which goals and objectives shall be measured.

 

       (v) Includes processes by which the MiSTEM network regions apply for MiSTEM

 

grants, provide feedback on grant-funded programming, share best practices, and create

 

regional master plans.

 

       (vi) Creates a marketing campaign, including, at least, an online presence which

 

includes dashboards of outcomes for the MiSTEM network.

 

       (b) Form a committee for the purpose of identifying each MiSTEM network region

 

and selecting a fiscal agent and determining staffing for that region. Fiscal agents

 

shall be an intermediate district within the region, a university within the region,

 

or another organization that served as fiscal agent within the Michigan Mathematics

 

and Science Centers Network. Agencies interested in serving as the region's fiscal


agent shall be included on this committee. The committee shall also include

 

representatives of the general education leadership network and the governor's talent

 

investment board, in addition to the math and science centers and MiSTEM council. The

 

committee shall identify necessary staffing levels and locations of staff and

 

determine processes by which the entire region will receive and share services. All

 

fiscal agents for the Michigan Mathematics and Science Centers Network are required to

 

maintain current levels of effort for the MiSTEM network as for the Michigan

 

Mathematics and Science Centers Network.

 

       (c) Establish a system to distribute and monitor MiSTEM grants during the

 

creation of the MiSTEM network. The monitoring of the grants shall include conducting

 

reviews of recipients and the experiences and feedback of pupils.

 

       (d) Report to the governor and the legislature on the development of the MiSTEM

 

network.

 

       (e) Submit the plan developed under subdivision (a) to the governor and the

 

legislature on or before December 1, 2017.

 

       (f) Hire all MiSTEM network staff between January 1, 2018 and April 1, 2018.

 

However, if a MiSTEM network will employ Michigan Mathematics and Science Centers

 

Network staff, those staff may be hired after April 1, 2018.

 

       (2) (3) From the general fund allocation under this section, there is allocated

 

for 2017-2018 an amount not to exceed $250,000.00 to support a permanent executive

 

director and an executive assistant for the MiSTEM network. After the creation of the

 

MiSTEM network region, the transitional executive director funded under subsection (2)

 

may be appointed as the permanent executive director, or a new permanent executive

 

director may be hired. The permanent executive director and executive assistant FOR

 

THE MISTEM NETWORK shall do all of the following:

 

       (a) Serve as a liaison among and between the department, the department of

 

technology, management, and budget, the MiSTEM advisory council, THE MICHIGAN


MATHEMATICS AND SCIENCE CENTERS NETWORK, THE GOVERNOR’S TALENT INVESTMENT BOARD, THE

 

GENERAL EDUCATION LEADERSHIP NETWORK, and the regional MiSTEM centers REGIONS in a

 

manner that creates a robust statewide STEM culture, that empowers STEM teachers, that

 

integrates business and education into the STEM network, and that ensures high-quality

 

STEM experiences for pupils.

 

       (b) Coordinate the implementation of a marketing campaign, including, but not

 

limited to, a website that includes dashboards of outcomes, to build STEM awareness

 

and communicate STEM needs and opportunities to pupils, parents, educators, and the

 

business community.

 

       (c) Award WORK WITH THE DEPARTMENT AND THE MISTEM ADVISORY COUNCIL TO COORDINATE,

 

AWARD, and monitor MiSTEM state and federal grants to the MiSTEM network regions and

 

conduct reviews of grant recipients, including, but not limited to, pupil experience

 

and feedback.

 

       (d) Report to the governor, the legislature, THE DEPARTMENT, and the MiSTEM

 

advisory council annually on the activities and performance of the MiSTEM network

 

regions.

 

       (e) Coordinate recurring discussions and work with regional staff to ensure that

 

a network or loop of feedback and best practices are shared, including funding,

 

programming, professional learning opportunities, discussion of MiSTEM strategic

 

vision, and regional objectives.

 

       (f) Coordinate major grant application efforts with the MiSTEM advisory council

 

to assist regional staff with grant applications on a local level. The MiSTEM advisory

 

council shall leverage private and nonprofit relationships to coordinate and align

 

private funds in addition to funds appropriated under this section.

 

       (F) (g) Train state and regional staff in the STEMworks rating system IN

 

COLLABORATION WITH THE MISTEM ADVISORY COUNCIL AND THE DEPARTMENT.

 

       (G) COLLABORATE WITH THE MiSTEM network TO HIRE MISTEM NETWORK REGION STAFF.


       Sec. 99s. (1) From the funds appropriated under section 11, there is allocated

 

for 2017-2018 2018-2019 an amount not to exceed $6,234,300.00 $7,434,300.00 from the

 

state school aid fund appropriation and an amount not to exceed $1,600,000.00

 

$100,000.00 from the general fund appropriation for Michigan science, technology,

 

engineering, and mathematics (MiSTEM) programs. In addition, from the federal funds

 

appropriated in section 11, there is allocated for 2017-2018 2018-2019 an amount

 

estimated at $4,700,000.00 $3,500,000.00 from DED-OESE, title II, mathematics and

 

science partnership grants. Programs funded under this section are intended to

 

increase the number of pupils demonstrating proficiency in science and mathematics on

 

the state assessments and to increase the number of pupils who are college- and

 

career-ready upon high school graduation. Notwithstanding section 17b, payments under

 

this section shall be paid on a schedule determined by the department.

 

       (2) From the general fund allocation in subsection (1), there is allocated an

 

amount not to exceed $50,000.00 $100,000.00 to the department for administrative,

 

training, and travel costs related to the MiSTEM advisory council. All of the

 

following apply to the MiSTEM advisory council funded under this subsection:

 

       (a) The MiSTEM advisory council is created. The MiSTEM advisory council shall

 

provide to the governor, legislature, department of talent and economic development,

 

and department recommendations designed to improve and promote innovation in STEM

 

education and to prepare students for careers in science, technology, engineering, and

 

mathematics.

 

       (b) The MiSTEM advisory council created under subdivision (a) shall consist of

 

the following members:

 

       (i) The governor shall appoint 11 voting members who are representative of

 

business sectors that are important to Michigan's economy and rely on a STEM-educated

 

workforce, nonprofit organizations and associations that promote STEM education, K-12

 

and postsecondary education entities involved in STEM-related career education, or


other sectors as considered appropriate by the governor. Each of these members shall

 

serve at the pleasure of the governor and for a term determined by the governor.

 

       (ii) The senate majority leader shall appoint 2 members of the senate to serve as

 

nonvoting, ex-officio members of the MiSTEM advisory council, including 1 majority

 

party member and 1 minority party member.

 

       (iii) The speaker of the house of representatives shall appoint 2 members of the

 

house of representatives to serve as nonvoting, ex-officio members of the MiSTEM

 

advisory council, including 1 majority party member and 1 minority party member.

 

       (c) Each member of the MiSTEM advisory council shall serve without compensation.

 

       (d) The MiSTEM advisory council annually shall review and make recommendations to

 

the governor, the legislature, and the department concerning changes to the statewide

 

strategy adopted by the council for delivering STEM education-related opportunities to

 

pupils. The MiSTEM advisory council shall use funds received under this subsection to

 

ensure that its members or their designees are trained in the Change the Equation

 

STEMworks rating system program for the purpose of rating STEM programs.

 

       (e) The MiSTEM advisory council shall make specific funding recommendations for

 

the funds allocated under subsection (3) by December 15 of each fiscal year. The

 

amount of each grant recommended shall not exceed $100,000.00. Each specific funding

 

recommendation shall be for a program approved by the MiSTEM advisory council. To be

 

eligible for MiSTEM advisory council approval, a program must satisfy all of the

 

following:

 

       (i) Align with this state's academic standards.

 

       (ii) Have STEMworks certification.

 

       (iii) Provide project-based experiential learning, student programming, or

 

educator professional learning experiences.

 

       (iv) Focus predominantly on classroom-based STEM experiences or professional

 

learning experiences.


       (f) The MiSTEM advisory council shall approve programs that REPRESENT ALL NETWORK

 

REGIONS AND include a diverse array of options for students and educators and at least

 

1 program in each of the following areas:

 

       (i) Robotics.

 

       (ii) Computer science or coding.

 

       (iii) Engineering or bioscience.

 

       (g) The MiSTEM advisory council is encouraged to work with the MiSTEM Network

 

regions to develop locally and regionally developed programs and professional

 

development experiences for the programs on the list of approved programs.

 

       (h) If the MiSTEM advisory council is unable to make specific funding

 

recommendations by December 15 of a fiscal year, the department of technology,

 

management, and budget shall award and the department shall distribute the funds

 

allocated under subsection (3) on a competitive grant basis that at least follows the

 

statewide STEM strategy plan and rating system recommended by the MiSTEM advisory

 

council. Each grant shall not exceed $100,000.00 and must provide STEM education-

 

related opportunities for pupils.

 

       (i) The MiSTEM advisory council shall work with the executive director of the

 

MiSTEM network funded under section 99r to implement the statewide STEM strategy

 

adopted by the MiSTEM advisory council.

 

       (3) From the state school aid fund money allocated under subsection (1), there is

 

allocated     for 2017-2018 2018-2019 an amount not to exceed $2,850,000.00 for the

 

purpose of funding programs under this section for 2017-2018 2018-2019, as recommended

 

by the MiSTEM advisory council.

 

       (4) From the state school aid fund allocation under subsection (1), there is

 

allocated for 2017-2018 an amount not to exceed $3,299,300.00 to support the

 

activities and programs of mathematics and science centers. In addition, from the

 

federal funds allocated under subsection (1), there is allocated for 2017-2018 an


amount estimated at $4,700,000.00 from DED-OESE, title II, mathematics and science

 

partnership grants, for the purposes of this subsection. All of the following apply to

 

the programs and funding under this subsection:

 

       (a) Within a service area designated locally, approved by the department, and

 

consistent with the comprehensive master plan for mathematics and science centers

 

developed by the department and approved by the state board, an established

 

mathematics and science center shall provide 2 or more of the following 6 basic

 

services, as described in the master plan, to constituent districts and communities:

 

leadership, pupil services, curriculum support, community involvement, professional

 

development, and resource clearinghouse services.

 

       (b) The department shall not award a state grant under this subsection to more

 

than 1 mathematics and science center located in a designated region as prescribed in

 

the 2007 master plan unless each of the grants serves a distinct target population or

 

provides a service that does not duplicate another program in the designated region.

 

       (c) As part of the technical assistance process, the department shall provide

 

minimum standard guidelines that may be used by the mathematics and science center for

 

providing fair access for qualified pupils and professional staff as prescribed in

 

this subsection.

 

       (d) Allocations under this subsection to support the activities and programs of

 

mathematics and science centers shall be continuing support grants to all 33

 

established mathematics and science centers. For 2017-2018, each established

 

mathematics and science center shall receive state funding in an amount equal to 100%

 

of the amount it was allocated under former section 99 for 2014-2015. If a center

 

declines state funding or a center closes, the remaining money available under this

 

subsection shall be distributed to the remaining centers, as determined by the

 

department.

 

       (e) From the funds allocated under this subsection, the department shall


distribute for 2017-2018 an amount not to exceed $750,000.00 in a form and manner

 

determined by the department to those centers able to provide curriculum and

 

professional development support to assist districts in implementing the Michigan

 

merit curriculum components for mathematics and science. Funding under this

 

subdivision is in addition to funding allocated under subdivision (d).

 

       (f) It is the intent of the legislature that the funding allocated under this

 

subsection represents the final year of funding for mathematics and science centers

 

and that mathematics and science centers shall not be funded in 2018-2019.

 

       (5) From the funds allocated under subsection (1), there is allocated an amount

 

not to exceed $85,000.00 to the Michigan Mathematics and Science Centers Network to

 

reimburse intermediate school districts for transition costs incurred as the centers

 

transition to MiSTEM network regions.

 

       (4) (6) From the general fund SCHOOL AID FUND allocation under subsection (1),

 

there is allocated an amount not to exceed $1,400,000.00 $3,834,300.00 FOR 2018-2019

 

to SUPPORT THE ACTIVITIES AND PROGRAMS OF the MiSTEM network regions. In addition,

 

from the federal funds allocated under subsection (1), there is allocated for 2018-

 

2019 an amount estimated at $3,500,000.00 from DED-OESE, title II, mathematics and

 

science partnership grants, for the purposes of this subsection. For 2017-2018 Each

 

established MiSTEM network region shall receive funding under this subsection in an

 

amount equal to 50% of the state funding amount allocated for 2017-2018 to the

 

mathematics and science centers located within that region to allow the MiSTEM network

 

region to begin operating by April 1, 2018. For former mathematics and science centers

 

with territory in more than 1 MiSTEM network region, the amount allocated shall be

 

divided proportionally. BEGINNING IN 2018-2019, THE FISCAL AGENT FOR EACH MISTEM

 

NETWORK REGION SHALL RECEIVE $200,000.00 FOR THE BASE OPERATIONS OF EACH REGION. THE

 

REMAINING DOLLARS WILL BE DISTRIBUTED TO EACH FISCAL AGENT ON AN EQUAL AMOUNT PER

 

PUPIL BASED ON THE NUMBER OF K TO 12 PUPILS ENROLLED IN DISTRICTS WITHIN EACH REGION


IN THE PRIOR YEAR.

 

       (5) (7) A MiSTEM network region shall do all of the following:

 

       (a) Collaborate with the talent district career council CAREER AND EDUCATIONAL

 

ADVISORY COUNCIL that is located in the prosperity MISTEM region to develop a regional

 

strategic plan for STEM education that creates a robust regional STEM culture, that

 

empowers STEM teachers, that integrates business and education into the STEM network,

 

and that ensures high-quality STEM experiences for pupils. At a minimum, a regional

 

STEM strategic plan should do all of the following:

 

       (i) Identify regional employer need for STEM.

 

       (ii) Identify processes for regional employers and educators to create guided

 

pathways for STEM careers that include internships or externships, apprenticeships,

 

and other experiential engagements for pupils.

 

       (iii) Identify educator professional development opportunities, including

 

internships or externships and apprenticeships, that integrate this state's science

 

content standards into high-quality STEM experiences that engage pupils.

 

       (b) Facilitate regional STEM events such as educator and employer networking and

 

STEM career fairs to raise STEM awareness.

 

       (c) Contribute to the MiSTEM website and engage in other MiSTEM network functions

 

to further the mission of STEM in this state in coordination with the MiSTEM advisory

 

council and its executive director.

 

       (d) Facilitate application and implementation of state and federal funds under

 

this subsection and any other grants or funds for the MiSTEM network region.

 

       (e) Work with districts to provide STEM programming and professional development.

 

       (f) Coordinate recurring discussions and work with the talent district career

 

council CAREER AND EDUCATIONAL ADVISORY COUNCIL to ensure that feedback and best

 

practices are being shared, including funding, program, professional learning

 

opportunities, and regional strategic plans.


       (6) From the SCHOOL AID funds allocated under subsection (1), the department

 

shall distribute for 2018-2019 an amount not to exceed $750,000.00 in a form and

 

manner determined by the department to those NETWORK REGIONS able to provide

 

curriculum and professional development support to assist districts in implementing

 

the Michigan merit curriculum components for mathematics and science.

 

       (7) (8) In order to receive state or federal funds under subsection (4) or (6), a

 

grant recipient shall allow access for the department or the department's designee to

 

audit all records related to the program for which it receives those funds. The grant

 

recipient shall reimburse the state for all disallowances found in the audit.

 

       (8) (9) In order to receive state funds under subsection (4) or (6), a grant

 

recipient shall provide at least a 10% local match from local public or private

 

resources for the funds received under this subsection.

 

       (9) (10) Not later than July 1, 2019 and July 1 of each year thereafter, a MiSTEM

 

network region that receives funds under subsection (6) (4) shall report to the

 

executive director of the MiSTEM network in a form and manner prescribed by the

 

executive director on performance measures developed by the MiSTEM network regions and

 

approved by the executive director. The performance measures shall be designed to

 

ensure that the activities of the MiSTEM network are improving student academic

 

outcomes.

 

       (10) (11) Not more than 5% of a MiSTEM network region grant under subsection (4)

 

OR (6) may be retained by a fiscal agent for serving as the fiscal agent of a MiSTEM

 

network region.

 

       (11) (12) As used in this section:

 

       (A) "CAREER AND EDUCATIONAL ADVISORY COUNCIL", OR ITS SUCCESSOR MEANS AN ADVISORY

 

COUNCIL TO THE LOCAL WORKFORCE DEVELOPMENT BOARDS LOCATED IN A PROSPERITY REGION

 

CONSISTING OF EDUCATIONAL, EMPLOYER, LABOR, AND PARENT REPRESENTATIVES.

 

       (B) (a) "DED" means the United States Department of Education.


       (C) (b) "DED-OESE" means the DED Office of Elementary and Secondary Education.

 

       (D) (c) "STEM" means science, technology, engineering, and mathematics delivered

 

in an integrated fashion using cross-disciplinary learning experiences that can

 

include language arts, performing and fine arts, and career and technical education.

 

       (d) "Talent district career council" means an advisory council to the local

 

workforce development boards located in a prosperity region consisting of educational,

 

employer, labor, and parent representatives.

 

       (13) From the general fund allocation under subsection (1), there is allocated an

 

amount not to exceed $150,000.00 for 2017-2018 for a grant to the Van Andel Education

 

Institute for the purposes of advancing and promoting science education and increasing

 

the number of students who choose to pursue careers in science or science-related

 

fields. Funds allocated under this subsection shall be used to provide professional

 

development for science teachers in using student-driven, inquiry-based instruction.

 

       (14) Not later than January 1, 2019, the executive director of the MiSTEM centers

 

network shall report to the house and senate appropriations subcommittees on school

 

aid and the house and senate fiscal agencies on the number of male and female MiSTEM

 

center program participants and the steps, if any, that the MiSTEM centers are taking

 

to reduce any disparity between the number of male and female participants.

 

       Sec. 104. (1) In order to receive state aid under this article, a district shall

 

comply with sections 1249, 1278a, 1278b, 1279, 1279g, and 1280b of the revised school

 

code, MCL 380.1249, 380.1278a, 380.1278b, 380.1279, 380.1279g, and 380.1280b, and 1970

 

PA 38, MCL 388.1081 to 388.1086. Subject to subsection (2), from the state school aid

 

fund money appropriated in section 11, there is allocated for 2017-2018 2018-2019 an

 

amount not to exceed $34,709,400.00 $31,009,400.00 for payments on behalf of districts

 

for costs associated with complying with those provisions of law. In addition, from

 

the federal funds appropriated in section 11, there is allocated for 2017-2018 2018-

 

2019 an amount estimated at $6,250,000.00, funded from DED-OESE, title VI, state


assessment funds, and from DED-OSERS, section 504 of part B of the individuals with

 

disabilities education act, Public Law 94-142, plus any carryover federal funds from

 

previous year appropriations, for the purposes of complying with the federal no child

 

left behind act of 2001, Public Law 107-110, or the every student succeeds act, Public

 

Law 114-95.

 

       (2) The results of each test administered as part of the Michigan student test of

 

educational progress (M-STEP), including tests administered to high school students,

 

shall include an item analysis that lists all items that are counted for individual

 

pupil scores and the percentage of pupils choosing each possible response. The

 

department shall work with the center to identify the number of students enrolled at

 

the time assessments are given by each district. In calculating the percentage of

 

pupils assessed for a district's scorecard, the department shall use only the number

 

of pupils enrolled in the district at the time the district administers the

 

assessments and shall exclude pupils who enroll in the district after the district

 

administers the assessments.

 

       (3) All federal funds allocated under this section shall be distributed in

 

accordance with federal law and with flexibility provisions outlined in Public Law

 

107-116, and in the education flexibility partnership act of 1999, Public Law 106-25.

 

       (4) From the funds allocated in subsection (1), there is allocated an amount not

 

to exceed $1,000,000.00 for 2017-2018 to an intermediate district described in this

 

subsection to implement a Michigan kindergarten entry observation tool in 2017–2018.

 

The funding under this subsection is allocated to an intermediate district in

 

prosperity region 9 with at least 3,000 kindergarten pupils enrolled in its

 

constituent districts to continue participation in the Maryland-Ohio pilot and cover

 

the costs of implementing the pilot observation tool, including a contract with a

 

university for implementation of the pilot observation tool. The intermediate district

 

shall continue implementation of the 2016-2017 pilot study with existing participating


intermediate districts during the 2017-2018 school year. The Michigan kindergarten

 

entry observation shall be conducted in all kindergarten classrooms in districts

 

located in prosperity regions 4, 5, and 9 beginning in August 2018. A constituent

 

district of an intermediate district located within prosperity region 4, 5, or 9 shall

 

administer the Maryland-Ohio tool within each kindergarten classroom to either the

 

full census of kindergarten pupils or a representative sample of not less than 35% of

 

the enrolled kindergarten pupils in each classroom. The intermediate district

 

receiving the funding allocated under this subsection shall work with other

 

intermediate districts to implement the Michigan kindergarten entry observation,

 

engage with the office of great start and the department, and provide a report to the

 

legislature on the demonstrated readiness of kindergarten pupils within the

 

participating intermediate districts. That intermediate district may share this

 

funding with the other affected intermediate districts and districts. Allowable costs

 

under this subsection include those incurred in July, August, and September 2017 as

 

well as those incurred in 2017-2018. As used in this subsection, "kindergarten" may

 

include a classroom for young 5-year-olds, commonly referred to as "young 5s" or

 

"developmental kindergarten". The department shall approve the language and literacy

 

domain within the Maryland-Ohio tool, also referred to as the "Kindergarten Readiness

 

Assessment", for use by districts as an initial assessment that may be delivered to

 

all kindergarten students to assist with identifying any possible area of concern for

 

a student in English language arts.

 

       (4) (5) The department shall continue to make the kindergarten entry assessment

 

developed by the department and field tested in 2015-2016 AND PILOTED IN 2017-2018

 

available to districts in 2017-2018. 2018-2019. THE DEPARTMENT SHALL ENSURE THAT THE

 

KINDERGARTEN ENTRY ASSESSMENT PROVIDES INFORMATION REGARDING THE EXTENT TO WHICH

 

INDIVIDUAL STUDENTS ARE PREPARED TO TRANSITION SUCCESSFULLY FROM PREKINDERGARTEN TO

 

KINDERGARTEN. THE DEPARTMENT SHALL WORK WITH THE CENTER TO ENSURE THAT RESULTS FROM


THE KINDERGARTEN ENTRY ASSESSMENT ARE INTEGRATED IN THE P-20 LONGITUDINAL DATA SYSTEM.

 

       (5) (6) The department may recommend, but may not require, districts to allow

 

pupils to use an external keyboard with tablet devices for online M-STEP testing,

 

including, but not limited to, open-ended test items such as constructed response or

 

equation builder items.

 

       (6) (7) Notwithstanding section 17b, payments on behalf of districts,

 

intermediate districts, and other eligible entities under this section shall be paid

 

on a schedule determined by the department.

 

       (7) (8) From the allocation in subsection (1), there is allocated an amount not

 

to exceed $3,200,000.00 $500,000.00 for the development or selection of MAINTENANCE OF

 

an online reporting tool to provide student-level assessment data in a secure

 

environment to educators, parents, and pupils immediately after assessments are

 

scored. The department and the center shall ensure that any data collected by the

 

online reporting tool do not provide individually identifiable student data to the

 

federal government.

 

       (8) (9) As used in this section:

 

       (a) "DED" means the United States Department of Education.

 

       (b) "DED-OESE" means the DED Office of Elementary and Secondary Education.

 

       (c) "DED-OSERS" means the DED Office of Special Education and Rehabilitative

 

Services.

 

       AMEND Sec. 104c. (1) In order to receive state aid under this article, a district

 

shall administer the state assessments described in this section.

 

       (2) For the purposes of this section, the department shall develop AND ADMINISTER

 

for use in the spring of 2015-2016 the Michigan student test of educational progress

 

(M-STEP) assessments in English language arts and mathematics. These assessments shall

 

be aligned to state standards.

 

       (3) For the purposes of this section, the department shall implement a summative


assessment system that is proven to be valid and reliable for administration to pupils

 

as provided under this subsection. The summative assessment system shall meet all of

 

the following requirements:

 

       (a) The summative assessment system shall measure student proficiency on the

 

current state standards, shall measure student growth for consecutive grade levels in

 

which students are assessed in the same subject area in both grade levels, and shall

 

be capable of measuring individual student performance.

 

       (b) The summative assessments for English language arts and mathematics shall be

 

administered to all public school pupils in grades 3 to 11, including those pupils as

 

required by the federal individuals with disabilities education act, Public Law 108-

 

446, and by title I of the federal every student succeeds act (ESSA), Public Law 114-

 

95.

 

       (c) The summative assessments for science shall be administered to all public

 

school pupils in at least grades 4 and 7, 5 AND 8, including those pupils as required

 

by the federal individuals with disabilities education act, Public Law 108-446, and by

 

title I of the federal every student succeeds act (ESSA), Public Law 114-95.

 

       (d) The summative assessments for social studies shall be administered to all

 

public school pupils in at least grades 5 and 8, including those pupils as required by

 

the federal individuals with disabilities education act, Public Law 108-446, and by

 

title I of the federal every student succeeds act (ESSA), Public Law 114-95.

 

       (e) The content of the summative assessments shall be aligned to state standards.

 

       (f) The pool of questions for the summative assessments shall be subject to a

 

transparent review process for quality, bias, and sensitive issues involving educator

 

review and comment. The department shall post samples from tests or retired tests

 

featuring questions from this pool for review by the public.

 

       (g) The summative assessment system shall ensure that students, parents, and

 

teachers are provided with reports that convey individual student proficiency and


growth on the assessment and that convey individual student domain-level performance

 

in each subject area, including representative questions, and individual student

 

performance in meeting state standards.

 

       (h) The summative assessment system shall be capable of providing, and the

 

department shall ensure that students, parents, teachers, administrators, and

 

community members are provided with, reports that convey aggregate student proficiency

 

and growth data by teacher, grade, school, and district.

 

       (i) The summative assessment system shall ensure the capability of reporting the

 

available data to support educator evaluations.

 

       (j) The summative assessment system shall ensure that the reports provided to

 

districts containing individual student data are available within 60 days after

 

completion of the assessments.

 

       (k) The summative assessment system shall ensure that access to individually

 

identifiable student data meets all of the following:

 

       (i) Is in compliance with 20 USC 1232g, commonly referred to as the family

 

educational rights and privacy act of 1974.

 

       (ii) Except as may be provided for in an agreement with a vendor to provide

 

assessment services, as necessary to support educator evaluations pursuant to

 

subdivision (i), or for research or program evaluation purposes, is available only to

 

the student; to the student's parent or legal guardian; and to a school administrator

 

or teacher, to the extent that he or she has a legitimate educational interest.

 

       (l) The summative assessment system shall ensure that the assessments are pilot

 

tested before statewide implementation.

 

       (m) The summative assessment system shall ensure that assessments are designed so

 

that the maximum total combined length of time that schools are required to set aside

 

for a pupil to answer all test questions on all assessments that are part of the

 

system for the pupil's grade level does not exceed that maximum total combined length


of time for the previous statewide assessment system or 9 hours, whichever is less.

 

This subdivision does not limit the amount of time a district may allow a pupil to

 

complete a test.

 

       (n) The total cost of executing the summative assessment system statewide each

 

year, including, but not limited to, the cost of contracts for administration,

 

scoring, and reporting, shall not exceed an amount equal to 2 times the cost of

 

executing the previous statewide assessment after adjustment for inflation.

 

       (o) Beginning with the 2017-2018 school year, the summative assessment system

 

shall not require more than 3 hours in duration, on average, for an individual pupil

 

to complete the combined administration of the math and English language arts portions

 

of the assessment for any 1 grade level.

 

       (4) In an effort to develop a cohesive state assessment system, the department

 

shall implement a request for information process for a common formative assessment

 

system that is fully aligned to this state's content standards for English language

 

arts and mathematics. The department may use information compiled from a request for

 

proposal in 2016-2017 to satisfy this request.

 

       (4) (5) Beginning in the 2015-2016 school year, the THE department shall field

 

test ADMINISTER BENCHMARK assessments in the fall and spring of each school year to

 

measure English language arts and mathematics in each of grades K to 2. for full

 

implementation when the assessments have been successfully field tested. This full

 

FULL implementation shall occur not later than the 2018-2019 school year. These

 

assessments are necessary to determine a pupil's proficiency level before grade 3.

 

       (6) Not later than November 1, 2017, the department shall issue a request for

 

information for not less than 3 benchmark assessments that each meet all of the

 

following:

 

       (a) Assesses all of grades 3 through 7 in math and English language arts.

 

       (b) Is aligned with this state's content standards such that items were written


for this state's content standards.

 

       (c) Is computer adaptive above and below grade level.

 

       (d) Produces a pupil's results in not more than 48 hours from the time the

 

benchmark assessment is administered.

 

       (e) Is self-scoring.

 

       (f) Aligns to this state's content standards.

 

       (g) Measures the academic growth of pupils and provides an estimate for adequate

 

yearly growth.

 

       (h) Demonstrates validity and reliability as appropriate for a computer adaptive

 

assessment.

 

       (i) Is provided by a vendor that is willing to negotiate a discounted state rate

 

for pricing.

 

       (7) Not later than March 1, 2018 and in consultation with experts in the field of

 

education and educational assessment measurement, the department shall approve at

 

least 3 benchmark assessments that were included in a response to the request for

 

information under subsection (6) and meet the requirements described in subsection

 

(6).

 

       (8) The department shall use the responses to the request for information to

 

create a benchmark assessment budget request for the 2018-2019 fiscal year.

 

       (5) THE DEPARTMENT SHALL PROVIDE GUIDANCE TO DISTRICTS ON OPTIONALLY ADOPTING AND

 

IMPLEMENTING DEPARTMENT-APPROVED BENCHMARK ASSESSMENTS FOR GRADES 3 THROUGH 7 IN

 

ENGLISH LANGUAGE ARTS AND MATHEMATICS AND SHALL RECOMMEND THAT DISTRICTS COMMIT TO

 

USING THE SAME BENCHMARK ASSESSMENT FOR NO LESS THAN THREE YEARS WITHOUT SWITCHING TO

 

ANOTHER BENCHMARK ASSESSMENT.

 

       (6) (9) This section does not prohibit districts from adopting interim

 

assessments.

 

       (7) (10) As used in this section, "English language arts" means that term as


defined in section 104b.

 

       Sec. 107. (1) From the appropriation in section 11, there is allocated an amount

 

not to exceed $27,000,000.00 for 2017-2018 2018-2019 for adult education programs

 

authorized under this section. Except as otherwise provided under subsections (14),

 

(15), and (19), AND (15) funds allocated under this section are restricted for adult

 

education programs as authorized under this section only. A recipient of funds under

 

this section shall not use those funds for any other purpose.

 

       (2) To be eligible for funding under this section, an eligible adult education

 

provider shall employ certificated teachers and qualified administrative staff and

 

shall offer continuing education opportunities for teachers to allow them to maintain

 

certification.

 

       (3) To be eligible to be a participant funded under this section, an individual

 

shall be enrolled in an adult basic education program, an adult secondary education

 

program, an adult English as a second language program, a high school equivalency test

 

preparation program, or a high school completion program, that meets the requirements

 

of this section, and for which instruction is provided, and THE INDIVIDUAL shall HAVE

 

ATTAINED 18 YEARS OF AGE AND THE INDIVIDUAL’S GRADUATING CLASS HAS GRADUATED. meet

 

either of the following:

 

       (a) Has attained 20 years of age.

 

       (b) Has attained 18 years of age and the individual's graduating class has

 

graduated.

 

       (4) By April 1 of each fiscal year, the intermediate districts within a

 

prosperity region or subregion shall determine which intermediate district will serve

 

as the prosperity region's or subregion's fiscal agent for the next fiscal year and

 

shall notify the department in a form and manner determined by the department. The

 

department shall approve or disapprove of the prosperity region's or subregion's

 

selected fiscal agent. From the funds allocated under subsection (1), an amount as


determined under this subsection shall be allocated to each intermediate district

 

serving as a fiscal agent for adult education programs in each of the prosperity

 

regions or subregions identified by the department. An intermediate district shall not

 

use more than 5% of the funds allocated under this subsection for administration costs

 

for serving as the fiscal agent. Beginning in 2014-2015, 67% of the allocation

 

provided to each intermediate district serving as a fiscal agent shall be based on the

 

proportion of total funding formerly received by the adult education providers in that

 

prosperity region or subregion in 2013-2014, and 33% shall be allocated based on the

 

factors in subdivisions (a), (b), and (c). For 2018-2019, 33% of the allocation

 

provided to each intermediate district serving as a fiscal agent shall be based upon

 

the proportion of total funding formerly received by the adult education providers in

 

that prosperity region in 2013-2014 and 67% of the allocation shall be based upon the

 

factors in subdivisions (a), (b), and (c). Beginning in 2019-2020, 100% of the

 

allocation provided to each intermediate district serving as a fiscal agent shall be

 

based on the factors in subdivisions (a), (b), and (c). The funding factors for this

 

section are as follows:

 

       (a) Sixty percent of this portion of the funding shall be distributed based upon

 

the proportion of the state population of individuals between the ages of 18 and 24

 

that are not high school graduates that resides in each of the prosperity regions or

 

subregions, as reported by the most recent 5-year estimates from the American

 

community survey (ACS) from the United States Census Bureau.

 

       (b) Thirty-five percent of this portion of the funding shall be distributed based

 

upon the proportion of the state population of individuals age 25 or older who are not

 

high school graduates that resides in each of the prosperity regions or subregions, as

 

reported by the most recent 5-year estimates from the American community survey (ACS)

 

from the United States Census Bureau.

 

       (c) Five percent of this portion of the funding shall be distributed based upon


the proportion of the state population of individuals age 18 or older who lack basic

 

English language proficiency that resides in each of the prosperity regions or

 

subregions, as reported by the most recent 5-year estimates from the American

 

community survey (ACS) from the United States Census Bureau.

 

       (5) To be an eligible fiscal agent, an intermediate district must agree to do the

 

following in a form and manner determined by the department:

 

       (a) Distribute funds to adult education programs in a prosperity region or

 

subregion as described in this section.

 

       (b) Collaborate with the talent district career council, CAREER AND EDUCATIONAL

 

ADVISORY COUNCIL, which is an advisory council of the workforce development boards

 

located in the prosperity region or subregion, or its successor, to develop a regional

 

strategy that aligns adult education programs and services into an efficient and

 

effective delivery system for adult education learners, with special consideration for

 

providing contextualized learning and career pathways and addressing barriers to

 

education and employment.

 

       (c) Collaborate with the talent district career council, CAREER AND EDUCATIONAL

 

ADVISORY COUNCIL, which is an advisory council of the workforce development boards

 

located in the prosperity region or subregion, or its successor, to create a local

 

process and criteria that will identify eligible adult education providers to receive

 

funds allocated under this section based on location, demand for services, past

 

performance, quality indicators as identified by the department, and cost to provide

 

instructional services. The fiscal agent shall determine all local processes,

 

criteria, and provider determinations. However, the local processes, criteria, and

 

provider services must be approved by the department before funds may be distributed

 

to the fiscal agent.

 

       (d) Provide oversight to its adult education providers throughout the program

 

year to ensure compliance with the requirements of this section.


       (e) Report adult education program and participant data and information as

 

prescribed by the department.

 

       (6) An adult basic education program, an adult secondary education program, or an

 

adult English as a second language program operated on a year-round or school year

 

basis may be funded under this section, subject to all of the following:

 

       (a) The program enrolls adults who are determined by a department-approved

 

assessment, in a form and manner prescribed by the department, to be below twelfth

 

grade level in reading or mathematics, or both, or to lack basic English proficiency.

 

       (b) The program tests individuals for eligibility under subdivision (a) before

 

enrollment and upon completion of the program in compliance with the state-approved

 

assessment policy.

 

       (c) A participant in an adult basic education program is eligible for

 

reimbursement until 1 of the following occurs:

 

       (i) The participant's reading and mathematics proficiency are assessed at or

 

above the ninth grade level.

 

       (ii) The participant fails to show progress on 2 successive assessments after

 

having completed at least 450 hours of instruction.

 

       (d) A participant in an adult secondary education program is eligible for

 

reimbursement until 1 of the following occurs:

 

       (i) The participant's reading and mathematics proficiency are assessed above the

 

twelfth grade level.

 

       (ii) The participant fails to show progress on 2 successive assessments after

 

having at least 450 hours of instruction.

 

       (e) A funding recipient enrolling a participant in an English as a second

 

language program is eligible for funding according to subsection (9) until the

 

participant meets 1 of the following:

 

       (i) The participant is assessed as having attained basic English proficiency as


determined by a department-approved assessment.

 

       (ii) The participant fails to show progress on 2 successive department-approved

 

assessments after having completed at least 450 hours of instruction. The department

 

shall provide information to a funding recipient regarding appropriate assessment

 

instruments for this program.

 

       (7) A high school equivalency test preparation program operated on a year-round

 

or school year basis may be funded under this section, subject to all of the

 

following:

 

       (a) The program enrolls adults who do not have a high school diploma or a high

 

school equivalency certificate.

 

       (b) The program shall administer a pre-test approved by the department before

 

enrolling an individual to determine the individual's literacy levels, shall

 

administer a high school equivalency practice test to determine the individual's

 

potential for success on the high school equivalency test, and shall administer a

 

post-test upon completion of the program in compliance with the state-approved

 

assessment policy.

 

       (c) A funding recipient shall receive funding according to subsection (9) for a

 

participant, and a participant may be enrolled in the program until 1 of the following

 

occurs:

 

       (i) The participant achieves a high school equivalency certificate.

 

       (ii) The participant fails to show progress on 2 successive department-approved

 

assessments used to determine readiness to take a high school equivalency test after

 

having completed at least 450 hours of instruction.

 

       (8) A high school completion program operated on a year-round or school year

 

basis may be funded under this section, subject to all of the following:

 

       (a) The program enrolls adults who do not have a high school diploma.

 

       (b) The program tests participants described in subdivision (a) before enrollment


and upon completion of the program in compliance with the state-approved assessment

 

policy.

 

       (c) A funding recipient shall receive funding according to subsection (9) for a

 

participant in a course offered under this subsection until 1 of the following occurs:

 

       (i) The participant passes the course and earns a high school diploma.

 

       (ii) The participant fails to earn credit in 2 successive semesters or terms in

 

which the participant is enrolled after having completed at least 900 hours of

 

instruction.

 

       (9) A funding recipient shall receive payments under this section in accordance

 

with all of the following:

 

       (a) Statewide allocation criteria, including 3-year average enrollments, census

 

data, and local needs.

 

       (b) Participant completion of the adult basic education objectives by achieving

 

an educational gain as determined by the national reporting system levels; for

 

achieving basic English proficiency, as determined by the department; for achieving a

 

high school equivalency certificate or passage of 1 or more individual high school

 

equivalency tests; for attainment of a high school diploma or passage of a course

 

required for a participant to attain a high school diploma; for enrollment in a

 

postsecondary institution, or for entry into or retention of employment, as

 

applicable.

 

       (c) Participant completion of core indicators as identified in the innovation and

 

opportunity act.

 

       (d) Allowable expenditures.

 

       (10) A person who is not eligible to be a participant funded under this section

 

may receive adult education services upon the payment of tuition. In addition, a

 

person who is not eligible to be served in a program under this section due to the

 

program limitations specified in subsection (6), (7), or (8) may continue to receive


adult education services in that program upon the payment of tuition. The tuition

 

level shall be determined by the local or intermediate district conducting the

 

program.

 

       (11) An individual who is an inmate in a state correctional facility shall not be

 

counted as a participant under this section.

 

       (12) A funding recipient shall not commingle money received under this section or

 

from another source for adult education purposes with any other funds and shall

 

establish a separate ledger account for funds received under this section. This

 

subsection does not prohibit a district from using general funds of the district to

 

support an adult education or community education program.

 

       (13) A funding recipient receiving funds under this section may establish a

 

sliding scale of tuition rates based upon a participant's family income. A funding

 

recipient may charge a participant tuition to receive adult education services under

 

this section from that sliding scale of tuition rates on a uniform basis. The amount

 

of tuition charged per participant shall not exceed the actual operating cost per

 

participant minus any funds received under this section per participant. A funding

 

recipient may not charge a participant tuition under this section if the participant's

 

income is at or below 200% of the federal poverty guidelines published by the United

 

States Department of Health and Human Services.

 

       (14) In order to receive funds under this section, a funding recipient shall

 

furnish to the department, in a form and manner determined by the department, all

 

information needed to administer this program and meet federal reporting requirements;

 

shall allow the department or the department's designee to review all records related

 

to the program for which it receives funds; and shall reimburse the state for all

 

disallowances found in the review, as determined by the department. In addition, a

 

funding recipient shall agree to pay to a career and technical education program under

 

section 61a the amount of funding received under this section in the proportion of


career and technical education coursework used to satisfy adult basic education

 

programming, as billed to the funding recipient by programs operating under section

 

61a.

 

       (15) From the amount appropriated in subsection (1), an amount not to exceed

 

$500,000.00 shall be allocated for 2017-2018 to not more than 1 pilot program that is

 

located in a prosperity region with 2 or more subregions and that connects adult

 

education participants directly with employers by linking adult education, career and

 

technical skills, and workforce development. To be eligible for funding under this

 

subsection, a pilot program shall provide a collaboration linking adult education

 

programs within the county, the area career/technical center, and local employers, and

 

shall meet the additional criteria in subsections (16) and (17). Funding under this

 

subsection for 2017-2018 is for the third of 3 years of funding.

 

       (16) A pilot program funded under subsection (15) shall require adult education

 

staff to work with Michigan works! agency to identify a cohort of participants who are

 

most prepared to successfully enter the workforce. Participants identified under this

 

subsection shall be dually enrolled in adult education programming and at least 1

 

technical course at the area career/technical center.

 

       (17) A pilot program funded under subsection (15) shall have on staff an adult

 

education navigator who will serve as a caseworker for each participant identified

 

under subsection (16). The navigator shall work with adult education staff and

 

potential employers to design an educational program best suited to the personal and

 

employment needs of the participant, and shall work with human service agencies or

 

other entities to address any barrier in the way of participant access.

 

       (18) Not later than December 1, 2018, the pilot program funded under subsection

 

(15)  shall provide to the senate and house appropriations subcommittees on school

 

aid, to the senate and house fiscal agencies, and to the state budget director, a

 

report detailing number of participants, graduation rates, and a measure of


transitioning to employment.

 

       (15) (19) From the amount appropriated in subsection (1), an amount not to exceed

 

$2,000,000.00 shall be allocated for 2017-2018 2018-2019 for grants to not more than 5

 

pilot programs that are additional to the pilot program funded under subsection (15)

 

to connect adult education participants with employers as provided under this

 

subsection. TO BE ELIGIBLE FOR FUNDING UNDER THIS SUBSECTION, A PILOT PROGRAM SHALL

 

PROVIDE A COLLABORATION LINKING ADULT EDUCATION PROGRAMS WITHIN THE COUNTY, THE AREA

 

CAREER/TECHNICAL CENTER, AND LOCAL EMPLOYERS. The grant to each eligible pilot program

 

shall be up to $400,000.00. To receive funding under this subsection, an eligible

 

pilot program shall satisfy all of the following:

 

       (a) Meets 1 of the following:

 

       (i) Is located in prosperity region 1c.

 

       (ii) Is located in prosperity region 2 and borders prosperity region 4.

 

       (iii) Is located in prosperity region 4a and borders prosperity region 5.

 

       (iv) Is located in prosperity region 5 and borders Lake Huron.

 

       (v) Is located in prosperity region 9 and borders a neighboring state.

 

       (B) SHALL REQUIRE ADULT EDUCATION STAFF TO WORK WITH MICHIGAN WORKS! AGENCY TO

 

IDENTIFY A COHORT OF PARTICIPANTS WHO ARE MOST PREPARED TO SUCCESSFULLY ENTER THE

 

WORKFORCE. PARTICIPANTS IDENTIFIED UNDER THIS SUBSECTION SHALL BE DUALLY ENROLLED IN

 

ADULT EDUCATION PROGRAMMING AND AT LEAST 1 TECHNICAL COURSE AT THE AREA

 

CAREER/TECHNICAL CENTER.

 

       (C) SHALL HAVE A PERSON STAFFED AS AN ADULT EDUCATION NAVIGATOR WHO WILL SERVE AS

 

A CASEWORKER FOR EACH PARTICIPANT IDENTIFIED UNDER SUBDIVISION (B). THE NAVIGATOR

 

SHALL WORK WITH ADULT EDUCATION STAFF AND POTENTIAL EMPLOYERS TO DESIGN AN EDUCATIONAL

 

PROGRAM BEST SUITED TO THE PERSONAL AND EMPLOYMENT NEEDS OF THE PARTICIPANT, AND SHALL

 

WORK WITH HUMAN SERVICE AGENCIES OR OTHER ENTITIES TO ADDRESS ANY BARRIER IN THE WAY

 

OF PARTICIPANT ACCESS.


       (b) Begins operations at the start of the 2017-2018 school year.

 

       (c) Replicates the pilot program funded under subsection (15).

 

       (d) Meets the requirements under subsections (15), (16), and (17) for a pilot

 

program funded under subsection (15).

 

       (16) (20) Not later than December 1, 2018 2019, a pilot program funded under

 

subsection (19) (15) shall provide a report to the senate and house appropriations

 

subcommittees on school aid, to the senate and house fiscal agencies, and to the state

 

budget director identifying the number of participants, graduation rates, and a

 

measure of transition to employment.

 

       (17) (21) The department shall approve at least 3 high school equivalency tests

 

and determine whether a high school equivalency certificate meets the requisite

 

standards for high school equivalency in this state.

 

       (18) (22) As used in this section:

 

       (a) "Career pathway" means a combination of rigorous and high-quality education,

 

training, and other services that comply with all of the following:

 

       (i) Aligns with the skill needs of industries in the economy of this state or in

 

the regional economy involved.

 

       (ii) Prepares an individual to be successful in any of a full range of secondary

 

or postsecondary education options, including apprenticeships registered under the act

 

of August 16, 1937 (commonly known as the "national apprenticeship act"), 29 USC 50 et

 

seq.

 

       (iii) Includes counseling to support an individual in achieving the individual's

 

education and career goals.

 

       (iv) Includes, as appropriate, education offered concurrently with and in the

 

same context as workforce preparation activities and training for a specific

 

occupation or occupational cluster.

 

       (v) Organizes education, training, and other services to meet the particular


needs of an individual in a manner that accelerates the educational and career

 

advancement of the individual to the extent practicable.

 

       (vi) Enables an individual to attain a secondary school diploma or its recognized

 

equivalent, and at least 1 recognized postsecondary credential.

 

       (vii) Helps an individual enter or advance within a specific occupation or

 

occupational cluster.

 

       (b) "Department" means the department of talent and economic development.

 

       (c) "Eligible adult education provider" means a district, intermediate district,

 

a consortium of districts, a consortium of intermediate districts, or a consortium of

 

districts and intermediate districts that is identified as part of the local process

 

described in subsection (5)(c) and approved by the department.

 

       Sec. 147. (1) The allocation for 2017-2018 2018-2019 for the public school

 

employees' retirement system pursuant to the public school employees retirement act of

 

1979, 1980 PA 300, MCL 38.1301 to 38.1437, shall be made using the individual

 

projected benefit entry age normal cost method of valuation and risk assumptions

 

adopted by the public school employees retirement board and the department of

 

technology, management, and budget.

 

       (2) The annual level percentage of payroll contribution rates for the 2017-2018

 

2018-2019 fiscal year, as determined by the retirement system, are estimated as

 

follows:

 

       (a) For public school employees who first worked for a public school reporting

 

unit before July 1, 2010 and who are enrolled in the health premium subsidy, the

 

annual level percentage of payroll contribution rate is estimated at 36.88% 38.39%,

 

with 25.56% 26.18% paid directly by the employer.

 

       (b) For public school employees who first worked for a public school reporting

 

unit on or after July 1, 2010 and who are enrolled in the health premium subsidy, the

 

annual level percentage of payroll contribution rate is estimated at 35.60% 36.60%,


with 24.28% 24.39% paid directly by the employer.

 

       (c) For public school employees who first worked for a public school reporting

 

unit on or after July 1, 2010 and who participate in the personal healthcare fund, the

 

annual level percentage of payroll contribution rate is estimated at 35.35% 36.24%,

 

with 24.03% paid directly by the employer.

 

       (d) For public school employees who first worked for a public school reporting

 

unit on or after September 4, 2012, who elect defined contribution, and who

 

participate in the personal healthcare fund, the annual level percentage of payroll

 

contribution rate is estimated at 32.28% 33.17%, with 20.96% paid directly by the

 

employer.

 

       (e) For public school employees who first worked for a public school reporting

 

unit before July 1, 2010, who elect defined contribution, and who are enrolled in the

 

health premium subsidy, the annual level percentage of payroll contribution rate is

 

estimated at 32.53% 33.53%, with 21.21% 21.32% paid directly by the employer.

 

       (f) For public school employees who first worked for a public school reporting

 

unit before July 1, 2010, who elect defined contribution, and who participate in the

 

personal healthcare fund, the annual level percentage of payroll contribution rate is

 

estimated at 32.28% 33.17%, with 20.96% paid directly by the employer.

 

       (g) For public school employees who first worked for a public school reporting

 

unit before July 1, 2010 and who participate in the personal healthcare fund, the

 

annual level percentage of payroll contribution rate is estimated at 36.63% 38.03%,

 

with 25.31% 25.82% paid directly by the employer.

 

       (H) FOR PUBLIC SCHOOL EMPLOYEES WHO FIRST WORKED FOR A PUBLIC SCHOOL REPORTING

 

UNIT AFTER JANUARY 31, 2018 AND WHO ELECT TO BECOME MEMBERS OF THE MPSERS PLAN, THE

 

ANNUAL LEVEL PERCENTAGE OF PAYROLL CONTRIBUTION RATE IS ESTIMATED AT 39.37%, WITH

 

27.16% PAID DIRECTLY BY THE EMPLOYER.

 

       (3) In addition to the employer payments described in subsection (2), the


employer shall pay the applicable contributions to the Tier 2 plan, as determined by

 

the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to

 

38.1437.

 

       (4) The contribution rates in subsection (2) reflect an amortization period of 21

 

20 years for 2017-2018 2018-2019. The public school employees' retirement system board

 

shall notify each district and intermediate district by February 28 of each fiscal

 

year of the estimated contribution rate for the next fiscal year.

 

       Sec. 147a. (1) From the appropriation in section 11, there is allocated for 2017-

 

2018 2018-2019 an amount not to exceed $100,000,000.00 for payments to participating

 

districts. A participating district that receives money under this subsection shall

 

use that money solely for the purpose of offsetting a portion of the retirement

 

contributions owed by the district for the fiscal year in which it is received. The

 

amount allocated to each participating district under this subsection shall be based

 

on each participating district's percentage of the total statewide payroll for all

 

participating districts for the immediately preceding fiscal year. As used in this

 

subsection, "participating district" means a district that is a reporting unit of the

 

Michigan public school employees' retirement system under the public school employees

 

retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437, and that reports

 

employees to the Michigan public school employees' retirement system for the

 

applicable fiscal year.

 

       (2) In addition to the allocation under subsection (1), from the state school aid

 

fund money appropriated under section 11, there is allocated an amount not to exceed

 

$48,940,000.00 $88,091,000.00 for 2017-2018 2018-2019 for payments to participating

 

districts and intermediate districts and from the general fund money appropriated

 

under section 11, there is allocated an amount not to exceed $29,000.00 $48,000.00 for

 

2017-2018 2018-2019 for payments to participating district libraries. The amount

 

allocated to each participating entity under this subsection shall be based on each


participating entity's percentage of the total statewide payroll for that type of

 

participating entity for the immediately preceding fiscal year. A participating entity

 

that receives money under this subsection shall use that money solely for the purpose

 

of offsetting a portion of the normal cost contribution rate. As used in this

 

subsection:

 

       (a) "District library" means a district library established under the district

 

library establishment act, 1989 PA 24, MCL 397.171 to 397.196.

 

       (b) "Participating entity" means a district, intermediate district, or district

 

library that is a reporting unit of the Michigan public school employees' retirement

 

system under the public school employees retirement act of 1979, 1980 PA 300, MCL

 

38.1301 to 38.1437, and that reports employees to the Michigan public school

 

employees' retirement system for the applicable fiscal year.

 

       Sec. 147b. (1) The MPSERS retirement obligation reform reserve fund is created as

 

a separate account within the state school aid fund.

 

       (2) The state treasurer may receive money or other assets from any source for

 

deposit into the MPSERS retirement obligation reform reserve fund. The state treasurer

 

shall direct the investment of the MPSERS retirement obligation reform reserve fund.

 

The state treasurer shall credit to the MPSERS retirement obligation reform reserve

 

fund interest and earnings from the MPSERS retirement obligation reform reserve fund.

 

       (3) Money available in the MPSERS retirement obligation reform reserve fund shall

 

not be expended without a specific appropriation.

 

       (4) Money in the MPSERS retirement obligation reform reserve fund at the close of

 

the fiscal year shall remain in the MPSERS retirement obligation reform reserve fund

 

and shall not lapse to the state school aid fund or to the general fund. The

 

department of treasury shall be the administrator of the MPSERS retirement obligation

 

reform reserve fund for auditing purposes.

 

       (5) If the contributions described in section 43e of the public school employees


retirement act of 1979, 1980 PA 300, MCL 38.1343e, as that section was added by 2010

 

PA 75, are determined by a final order of a court of competent jurisdiction for which

 

all rights of appeal have been exhausted to be constitutional and if the order for

 

preliminary injunction in case no. 10-45-MM issued on July 13, 2010 is lifted, the

 

money placed in a separate interest bearing account as a result of implementing the

 

preliminary injunction shall be deposited into the MPSERS retirement obligation reform

 

reserve fund created in this section to be used solely for health care unfunded

 

accrued liabilities.

 

       (6) For the fiscal year ending September 30, 2018, $55,000,000.00 from the state

 

school aid fund shall be deposited into the MPSERS retirement obligation reform

 

reserve fund to be used for the purposes under section 147e.

 

       Sec. 147c. (1) From the appropriation in section 11, there is allocated for 2017-

 

2018 2018-2019 an amount not to exceed $960,130,000.00 $1,032,000,000.00 from the

 

state school aid fund for payments to districts and intermediate districts that are

 

participating entities of the Michigan public school employees' retirement system. In

 

addition, from the general fund money appropriated in section 11, there is allocated

 

for 2017-2018 2018-2019 an amount not to exceed $654,000.00 $700,000.00 for payments

 

to district libraries that are participating entities of the Michigan public school

 

employees' retirement system. All of the following apply to funding under this

 

subsection:

 

       (a) For 2017-2018 2018-2019, the amounts allocated under this subsection are

 

estimated to provide an average MPSERS rate cap per pupil amount of $640.00 $690.00

 

and are estimated to provide a rate cap per pupil for districts ranging between $4.00

 

and $3,020.00 $3,000.00.

 

       (b) Payments made under this subsection shall be equal to the difference between

 

the unfunded actuarial accrued liability contribution rate as calculated pursuant to

 

section 41 of the public school employees retirement act of 1979, 1980 PA 300, MCL


38.1341, as calculated without taking into account the maximum employer rate of 20.96%

 

included in section 41 of the public school employees retirement act of 1979, 1980 PA

 

300, MCL 38.1341, and the maximum employer rate of 20.96% included in section 41 of

 

the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1341.

 

       (c) The amount allocated to each participating entity under this subsection shall

 

be based on each participating entity's proportion of the total covered payroll for

 

the immediately preceding fiscal year for the same type of participating entities. A

 

participating entity that receives funds under this subsection shall use the funds

 

solely for the purpose of retirement contributions as specified in subdivision (d).

 

       (d) Each participating entity receiving funds under this subsection shall forward

 

an amount equal to the amount allocated under subdivision (c) to the retirement system

 

in a form, manner, and time frame determined by the retirement system.

 

       (e) Funds allocated under this subsection should be considered when comparing a

 

district's growth in total state aid funding from 1 fiscal year to the next.

 

       (f) Not later than December 20, 2017 2018, the department shall publish and post

 

on its website an estimated MPSERS rate cap per pupil for each district.

 

       (g) It is the intent of the legislature that any funds allocated under this

 

subsection are first applied to pension contributions, and if any funds remain after

 

that payment, those remaining funds shall be applied to other postemployment benefit

 

contributions.

 

       (h) As used in this subsection:

 

       (i) "District library" means a district library established under the district

 

library establishment act, 1989 PA 24, MCL 397.171 to 397.196.

 

       (ii) "MPSERS rate cap per pupil" means an amount equal to the quotient of the

 

district's payment under this subsection divided by the district's pupils in

 

membership.

 

       (iii) "Participating entity" means a district, intermediate district, or district


library that is a reporting unit of the Michigan public school employees' retirement

 

system under the public school employees retirement act of 1979, 1980 PA 300, MCL

 

38.1301 to 38.1437, and that reports employees to the Michigan public school

 

employees' retirement system for the applicable fiscal year.

 

       (iv) "Retirement board" means the board that administers the retirement system

 

under the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to

 

38.1437.

 

       (v) "Retirement system" means the Michigan public school employees' retirement

 

system under the public school employees retirement act of 1979, 1980 PA 300, MCL

 

38.1301 to 38.1437.

 

       (2) In addition to the funds allocated under subsection (1), from the

 

appropriation in section 11, there is allocated for 2017-2018 only an amount not to

 

exceed $200,000,000.00 for payments to participating entities. Notwithstanding section

 

17b, payments to eligible participating entities under this subsection shall be paid

 

in 1 installment no later than October 20, 2017. Payments under this subsection shall

 

be made as follows:

 

       (a) The amount allocated to each participating entity under this subsection shall

 

be based on each participating entity's proportion of the total covered payroll for

 

the fiscal year ending September 30, 2016. A participating entity that receives funds

 

under this subsection shall use the funds solely for purposes of this subsection.

 

       (b) Each participating entity receiving funds under this subsection shall forward

 

an amount equal to the sum of the amount allocated under this subsection and the

 

amount allocated under subsection (1) to the retirement system in a form, manner, and

 

time frame prescribed by the retirement system.

 

       (c) Payments under this subsection shall be used by the retirement system

 

specifically for the payment or prepayment of the final years or partial years of any

 

additional costs to the retirement system due to the operation of section 81b of the


public school employees retirement act of 1979, 1980 PA 300, MCL 38.1381b, without

 

regard to the amortization of those costs under section 81b(5) of the public school

 

employees retirement act of 1979, 1980 PA 300, MCL 38.1381b, and in a manner and form

 

as determined by the office of retirement services.

 

       (d) As used in this subsection:

 

       (i) "Participating entity" means a district, intermediate district, community

 

college, or district library that is a reporting unit of the Michigan public school

 

employees' retirement system under the public school employees retirement act of 1979,

 

1980 PA 300, MCL 38.1301 to 38.1437, and that reports employees to the Michigan public

 

school employees' retirement system for the applicable fiscal year.

 

       (ii) "Retirement system" means the Michigan public school employees' retirement

 

system under the public school employees retirement act of 1979, 1980 PA 300, MCL

 

38.1301 to 38.1437.

 

       Sec. 147e. (1) From the appropriation in section 11, there is allocated for 2017-

 

2018 2018-2019 an amount not to exceed $23,100,000.00 $31,900,000.00 from the MPSERS

 

retirement obligation reform reserve fund AND $5,700,000.00 FROM THE STATE SCHOOL AID

 

FUND for payments to participating entities.

 

       (2) The payment to each participating entity under this section shall be the sum

 

of the amounts under this subsection as follows:

 

       (a) An amount equal to the contributions made by a participating entity for the

 

additional contribution made to a qualified participant's Tier 2 account in an amount

 

equal to the contribution made by the qualified participant not to exceed 3% of the

 

qualified participant's compensation as provided for under section 131(6) of the

 

public school employees retirement act of 1979, 1980 PA 300, MCL 38.1431., if that act

 

is amended by either Senate Bill No. 401 or House Bill No. 4647 of the 99th

 

Legislature.

 

       (b) Beginning October 1, 2017, an amount equal to the contributions made by a


participating entity for a qualified participant who is only a Tier 2 qualified

 

participant under section 81d of the public school employees retirement act of 1979,

 

1980 PA 300, MCL 38.1381d, not to exceed 4%, and, beginning February 1, 2018, not to

 

exceed 1%, of the qualified participant's compensation., if that act is amended by

 

either Senate Bill No. 401 or House Bill No. 4647 of the 99th Legislature.

 

       (c) An amount equal to the increase in employer normal cost contributions under

 

section 41b(2) of the public school employees retirement act of 1979, 1980 PA 300, MCL

 

38.1341b, for a member that was hired after February 1, 2018 and chose to participate

 

in Tier 1, compared to the employer normal cost contribution for a member under

 

section 41b(1) of the public school employees retirement act of 1979, 1980 PA 300, MCL

 

38.1341b., if section 41b of the public school employees retirement act of 1979, 1980

 

PA 300, MCL 38.1341b, is amended by either Senate Bill No. 401 or House Bill No. 4647

 

of the 99th Legislature.

 

       (3) As used in this section:

 

       (a) "Member" means that term as defined under the public school employees

 

retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437.

 

       (b) "Participating entity" means a district, intermediate district, or community

 

college that is a reporting unit of the Michigan public school employees' retirement

 

system under the public school employees retirement act of 1979, 1980 PA 300, MCL

 

38.1301 to 38.1437, and that reports employees to the Michigan public school

 

employees' retirement system for the applicable fiscal year.

 

       (c) "Qualified participant" means that term as defined under section 124 of the

 

public school employees retirement act of 1979, 1980 PA 300, MCL 38.1424.

 

       Sec. 152a. (1) As required by the court in the consolidated cases known as Adair

 

v State of Michigan, 486 Mich 468 (2010), from the state school aid fund money

 

appropriated in section 11 there is allocated for 2017-2018 2018-2019 an amount not to

 

exceed $38,000,500.00 to be used solely for the purpose of paying necessary costs


related to the state-mandated collection, maintenance, and reporting of data to this

 

state.

 

       (2) From the allocation in subsection (1), the department shall make payments to

 

districts and intermediate districts in an equal amount per-pupil based on the total

 

number of pupils in membership in each district and intermediate district. The

 

department shall not make any adjustment to these payments after the final installment

 

payment under section 17b is made.

 

       Sec. 160. If a district or intermediate district requests the superintendent to

 

grant a waiver for the district or intermediate district from the requirements of

 

section 1284b of the revised school code, MCL 380.1284b, that district or intermediate

 

district shall use a portion of its funding under this article to conduct a joint

 

public hearing with the department to be held before the waiver is granted at a

 

location within the district or intermediate district.

 

       Sec. 163. (1) Except as provided in the revised school code, the board of a

 

district or intermediate district shall not permit any of the following:

 

       (a) A noncertificated educator AN INDIVIDUAL WHO DOES NOT HOLD A VALID

 

CERTIFICATE OR WHO IS NOT WORKING UNDER A VALID SUBSTITUTE PERMIT, AUTHORIZATION, OR

 

APPROVAL ISSUED UNDER RULES PROMULGATED BY THE DEPARTMENT to teach in an elementary or

 

secondary school. or in an adult basic education or high school completion program.

 

       (b) A noncertificated educator AN INDIVIDUAL WHO DOES NOT SATISFY THE

 

REQUIREMENTS OF SECTION 1233 OF THE REVISED SCHOOL CODE AND RULES PROMULGATED BY THE

 

DEPARTMENT to provide counseling SCHOOL COUNSELOR services to pupils in an elementary

 

or secondary school. or in an adult basic education or high school completion program.

 

       (c) A noncertificated educator to administer instructional programs AN INDIVIDUAL

 

WHO DOES NOT SATISFY THE REQUIREMENTS OF SECTION 1246 OF THE REVISED SCHOOL CODE OR

 

WHO IS NOT WORKING UNDER A VALID SUBSTITUTE PERMIT ISSUED UNDER RULES PROMULGATED BY

 

THE DEPARTMENT TO BE EMPLOYED AS A SUPERINTENDENT, PRINCIPAL, OR ASSISTANT PRINCIPAL,


OR AS A PERSON WHOSE PRIMARY RESPONSIBILITY IS TO ADMINISTER INSTRUCTIONAL PROGRAMS in

 

an elementary or secondary school, or in an adult basic education or high school

 

completion program, unless that educator is fulfilling applicable continuing education

 

requirements. A DISTRICT OR INTERMEDIATE DISTRICT.

 

       (2) Except as provided in the revised school code, a district or intermediate

 

district employing educators not legally certificated or licensed INDIVIDUALS IN

 

VIOLATION OF THIS SECTION shall have deducted the sum equal to the amount paid the

 

educators INDIVIDUALS for the period of noncertificated, unlicensed, or illegal

 

employment. Each intermediate superintendent shall notify the department of the name

 

of the noncertificated or unlicensed educator, INDIVIDUAL EMPLOYED IN VIOLATION OF

 

THIS SECTION, and the district employing that individual and the amount of salary the

 

noncertificated or unlicensed educator INDIVIDUAL was paid within a constituent

 

district.

 

       (3) If a school official is notified by the department that he or she is

 

employing a nonapproved, noncertificated, or unlicensed educator AN INDIVIDUAL in

 

violation of this section and knowingly continues to employ that educator, INDIVIDUAL,

 

the school official is guilty of a misdemeanor, punishable by a fine of $1,500.00 for

 

each incidence. This penalty is in addition to all other financial penalties otherwise

 

specified in this article.

 

       Sec. 166b. (1) This act does not prohibit a parent or legal guardian of a minor

 

who is enrolled in any of grades kindergarten 1 to 12 in a nonpublic school or who is

 

being home-schooled from also enrolling the minor in a district, public school

 

academy, or intermediate district in any curricular offering that is provided by the

 

district, public school academy, or intermediate district at a public school site and

 

is available to pupils in the minor's grade level or age group, subject to compliance

 

with the same requirements that apply to a full-time pupil's participation in the

 

offering. However, state school aid shall be provided under this act for a minor


enrolled as described in this subsection only for A curricular offerings OFFERING THAT

 

IS RESTRICTED TO NONESSENTIAL ELECTIVE COURSES, AND IS that are available to full-time

 

pupils in the minor's grade level or age group. FOR THE PURPOSES OF THIS SUBSECTION, A

 

CURRICULAR OFFERING INCLUDES OPTIONAL EXPERIENCES ASSOCIATED WITH THE CURRICULAR

 

OFFERING.

 

       (2) This act does not prohibit a parent or legal guardian of a minor who is

 

enrolled in any of grades kindergarten 1 to 12 in a nonpublic school or who resides

 

within the A district and is being home-schooled from also enrolling the minor in the

 

district in a ANY NONESSENTIAL ELECTIVE curricular offering being provided by the

 

district at the A nonpublic school site. THAT IS PROVIDED BY THE DISTRICT, PUBLIC

 

SCHOOL ACADEMY, OR INTERMEDIATE DISTRICT AT A PUBLIC SCHOOL SITE, AND THAT IS

 

AVAILABLE TO PUPILS IN THE MINOR’S GRADE LEVEL OR AGE GROUP, SUBJECT TO COMPLIANCE

 

WITH THE SAME REQUIREMENTS THAT APPLY TO A FULL-TIME PUPIL’S PARTICIPATION IN THE

 

OFFERING. FOR PURPOSES OF THIS SUBSECTION, A CURRICULAR OFFERING INCLUDES OPTIONAL

 

EXPERIENCES ASSOCIATED WITH THE CURRICULAR OFFERING. However, state STATE school aid

 

shall be provided under this act for a minor enrolled as described in this subsection

 

only if all of the following apply:

 

       (a) Either of the following:

 

       (i) The nonpublic school site is located, or the nonpublic students are educated,

 

within the geographic boundaries of the district.

 

       (ii) If the nonpublic school has submitted a written request to the district in

 

which the nonpublic school is located for the district to provide certain instruction

 

under this subsection for a school year and the district does not agree to provide

 

some or all of that instruction by May 1 immediately preceding that school year or, if

 

the request is submitted after March 1 immediately preceding that school year, within

 

60 days after the nonpublic school submits the request, the instruction is instead

 

provided by an eligible other district. This subparagraph does not require a nonpublic


school to submit more than 1 request to the district in which the nonpublic school is

 

located for that district to provide instruction under this subsection, and does not

 

require a nonpublic school to submit an additional request to the district in which

 

the nonpublic school is located for that district to provide additional instruction

 

under this subsection beyond the instruction requested in the original request, before

 

having the instruction provided by an eligible other district. A public school academy

 

that is located in the district in which the nonpublic school is located or in an

 

eligible other district also may provide instruction under this subparagraph under the

 

same conditions as an eligible other district. As used in this subparagraph, "eligible

 

other district" means a district that is located in the same intermediate district as

 

the district in which the nonpublic school is located or is located in an intermediate

 

district that is contiguous to that intermediate district.

 

       (b) The nonpublic school is registered with the department as a nonpublic school

 

and meets all state reporting requirements for nonpublic schools.

 

       (c) The instruction is provided directly by a certified teacher at OF the

 

district or public school academy or at OF an intermediate district.

 

       (d) The curricular offering is also available to full-time pupils in the minor's

 

grade level or age group in the district or public school academy at a public school

 

site.

 

       (e) The curricular offering is restricted to nonessential elective courses for

 

pupils in grades kindergarten 1 to 12.

 

       (F) IF A COURSE HAS AN ASSOCIATED OPTIONAL EXPERIENCE, THE OPTIONAL EXPERIENCE

 

MUST ALSO BE AVAILABLE TO FULL-TIME PUPILS IN THE MINOR’S GRADE LEVEL OR AGE GROUP.

 

       (3) A nonessential course in grades 1 to 8 is a course other than a mathematics,

 

science, social studies, and English language arts course required by the district for

 

grade progression. Nonessential courses in grades 9 to 12 are those other than algebra

 

1, algebra 2, English 9-12, geometry, biology, chemistry, physics, economics,


geography, American history, world history, the Constitution, government, and civics,

 

or courses that CAN fulfill the same credit requirement as these courses. Nonessential

 

elective courses include courses offered by the local district for high school credit

 

that are also capable of generating postsecondary credit, including, at least,

 

advanced placement and international baccalaureate courses. College level courses

 

taken by high school students for college credit are nonessential courses. Remedial

 

courses for any grade in the above-listed essential courses are considered essential.

 

Kindergarten is considered nonessential.

 

       (4) Subject to section 6(4)(ii) AND SECTION 23F, a minor enrolled as described in

 

this section is a part-time pupil for purposes of state school aid under this act.

 

       (5) A district that receives a written request to provide instruction under

 

subsection (2) shall reply to the request in writing by May 1 immediately preceding

 

the applicable school year or, if the request is made after March 1 immediately

 

preceding that school year, within 60 days after the nonpublic school submits the

 

request. The written reply shall specify whether the district agrees to provide or

 

does not agree to provide the instruction for each portion of instruction included in

 

the request.


ARTICLE II

 

STATE AID TO COMMUNITY COLLEGES

 

       Sec. 201. (1) Subject to the conditions set forth in this article, the amounts

 

listed in this section are appropriated for community colleges for the fiscal year

 

ending September 30, 2018, 2019, from the funds indicated in this section. The

 

following is a summary of the appropriations in this section:

 

       (a) The gross appropriation is $399,326,500.00. $405,015,500.00. After deducting

 

total interdepartmental grants and intradepartmental transfers in the amount of $0.00,

 

the adjusted gross appropriation is $399,326,500.00. $405,015,500.00.

 

       (b) The sources of the adjusted gross appropriation described in subdivision (a)

 

are as follows:

 

       (i) Total federal revenues, $0.00.

 

       (ii) Total local revenues, $0.00.

 

       (iii) Total private revenues, $0.00.

 

       (iv) Total other state restricted revenues, $398,301,500.00. $405,015,500.00.

 

       (v) State general fund/general purpose money, $1,025,000.00. $0.00.

 

       (2) Subject to subsection (3), the amount appropriated for community college

 

operations is $319,050,900.00, allocated as follows:

 

       (a) The appropriation for Alpena Community College is $5,627,500.00. ,

 

$5,596,200.00 for operations and $31,300.00 for performance funding.

 

       (b) The appropriation for Bay de Noc Community College is $5,589,000.00. ,

 

$5,560,900.00 for operations and $28,100.00 for performance funding.

 

       (c) The appropriation for Delta College is $14,990,700.00. , $14,907,700.00 for

 

operations and $83,000.00 for performance funding.

 

       (d) The appropriation for Glen Oaks Community College is $2,601,400.00. ,

 

$2,586,900.00 for operations and $14,500.00 for performance funding.

 

       (e) The appropriation for Gogebic Community College is $4,715,400.00. ,


$4,692,200.00 for operations and $23,200.00 for performance funding.

 

       (f) The appropriation for Grand Rapids Community College is $18,556,800.00. ,

 

$18,450,500.00 for operations and $106,300.00 for performance funding.

 

       (g) The appropriation for Henry Ford College is $22,299,200.00. , $22,176,000.00

 

for operations and $123,200.00 for performance funding.

 

       (h) The appropriation for Jackson College is $12,590,100.00. , $12,527,400.00 for

 

operations and $62,700.00 for performance funding.

 

       (i) The appropriation for Kalamazoo Valley Community College is $12,948,700.00. ,

 

$12,873,900.00 for operations and $74,800.00 for performance funding.

 

       (j) The appropriation for Kellogg Community College is $10,143,600.00. ,

 

$10,087,500.00 for operations and $56,100.00 for performance funding.

 

       (k) The appropriation for Kirtland Community College is $3,289,400.00. ,

 

$3,270,000.00 for operations and $19,400.00 for performance funding.

 

       (l) The appropriation for Lake Michigan College is $5,523,600.00. , $5,492,800.00

 

for operations and $30,800.00 for performance funding.

 

       (m) The appropriation for Lansing Community College is $32,324,200.00. ,

 

$32,165,600.00 for operations and $158,600.00 for performance funding.

 

       (n) The appropriation for Macomb Community College is $33,863,600.00. ,

 

$33,681,800.00 for operations and $181,800.00 for performance funding.

 

       (o) The appropriation for Mid Michigan Community College is $4,968,900.00. ,

 

$4,937,400.00 for operations and $31,500.00 for performance funding.

 

       (p) The appropriation for Monroe County Community College is $4,665,500.00. ,

 

$4,636,700.00 for operations and $28,800.00 for performance funding.

 

       (q) The appropriation for Montcalm Community College is $3,446,300.00. ,

 

$3,426,700.00 for operations and $19,600.00 for performance funding.

 

       (r) The appropriation for C.S. Mott Community College is $16,258,100.00. ,

 

$16,167,200.00 for operations and $90,900.00 for performance funding.


       (s) The appropriation for Muskegon Community College is $9,203,000.00. ,

 

$9,150,600.00 for operations and $52,400.00 for performance funding.

 

       (t) The appropriation for North Central Michigan College is $3,353,200.00. ,

 

$3,330,200.00 for operations and $23,000.00 for performance funding.

 

       (u) The appropriation for Northwestern Michigan College is $9,508,900.00. ,

 

$9,459,800.00 for operations and $49,100.00 for performance funding.

 

       (v) The appropriation for Oakland Community College is $21,905,700.00. ,

 

$21,770,900.00 for operations and $134,800.00 for performance funding.

 

       (w) The appropriation for Schoolcraft College is $12,991,300.00. , $12,909,300.00

 

for operations and $82,000.00 for performance funding.

 

       (x) The appropriation for Southwestern Michigan College is $6,860,700.00. ,

 

$6,827,000.00 for operations and $33,700.00 for performance funding.

 

       (y) The appropriation for St. Clair County Community College is $7,300,100.00. ,

 

$7,259,300.00 for operations and $40,800.00 for performance funding.

 

       (z) The appropriation for Washtenaw Community College is $13,631,400.00 ,

 

$13,534,000.00 for operations and $97,400.00 for performance funding.

 

       (aa) The appropriation for Wayne County Community College is $17,338,300.00. ,

 

$17,234,200.00 for operations and $104,100.00 for performance funding.

 

       (bb) The appropriation for West Shore Community College is $2,556,300.00. ,

 

$2,540,000.00 for operations and $16,300.00 for performance funding.

 

       (3) The amount appropriated in subsection (2) for community college operations is

 

$319,050,900.00 and is appropriated from the state school aid fund.

 

       (4) From the appropriations described in subsection (1), both of the following

 

apply:

 

       (a) Subject to section 207a, the amount appropriated for fiscal year 2017-2018

 

2018-2019 to offset certain fiscal year 2017-2018 2018-2019 retirement contributions

 

is $1,733,600.00, appropriated from the state school aid fund.


       (b) For fiscal year 2017-2018 2018-2019 only, there is allocated an amount not to

 

exceed $3,612,000.00 $6,431,000.00 for payments to participating community colleges,

 

appropriated from the state school aid fund. A community college that receives money

 

under this subdivision shall use that money solely for the purpose of offsetting the

 

normal cost contribution rate.

 

       (5) From the appropriations described in subsection (1), subject to section 207b,

 

the amount appropriated for payments to community colleges that are participating

 

entities of the retirement system is $70,805,000.00, $75,300,000.00, appropriated from

 

the state school aid fund.

 

       (6) From the appropriations described in subsection (1), subject to section 207c,

 

the amount appropriated for renaissance zone tax reimbursements is $3,100,000.00,

 

$2,500,000.00, appropriated from the state school aid fund.

 

       (7) From the appropriations described in subsection (1), there is appropriated

 

$1,025,000.00 from general fund/general purpose money, for fiscal year 2017-2018 only,

 

to the Michigan Community College Association, for the purpose of enhancing the

 

Michigan Transfer Network website to improve the transfer of college credit among

 

Michigan's postsecondary institutions. The Michigan Community College Association

 

shall provide information on request to the house and senate subcommittees on

 

community colleges, the house and senate fiscal agencies, and the state budget

 

director on the use of these funds until the project is completed.

 

       Sec. 206. (1) The funds appropriated in section 201 are appropriated for

 

community colleges with fiscal years ending June 30, 2018 2019 and shall be paid out

 

of the state treasury and distributed by the state treasurer to the respective

 

community colleges in 11 monthly installments on the sixteenth of each month, or the

 

next succeeding business day, beginning with October 16, 2017. 2018. Each community

 

college shall accrue its July and August 2018 2019 payments to its institutional

 

fiscal year ending June 30, 2018. 2019.


       (2) If the state budget director determines that a community college failed to

 

submit any of the information described in subdivisions (a) to (f) in the form and

 

manner specified by the center, the state treasurer shall, subject to subdivision (g),

 

withhold the monthly installments from that community college until those data are

 

submitted:

 

       (a) All verified THE Michigan COMMUNITY COLLEGE VERIFIED DATA INVENTORY community

 

colleges activities classification structure data for the preceding academic year to

 

the center by November 1 of each year as specified in section 217.

 

       (b) The college credit opportunity data set as specified in section 209.

 

       (c) The longitudinal data set for the preceding academic year to the center as

 

specified in section 219.

 

       (d) The annual independent audit as specified in section 222.

 

       (e) Tuition and mandatory fees information for the current academic year as

 

specified in section 225.

 

       (f) The number and type of associate degrees and other certificates awarded

 

during the previous academic year as specified in section 226.

 

       (g) The state budget director shall notify the chairs of the house and senate

 

appropriations subcommittees on community colleges at least 10 days before withholding

 

funds from any community college.

 

       Sec. 207a. All of the following apply to the allocation of the fiscal year 2017-

 

2018 2018-2019 appropriations described in section 201(4):

 

       (a) A community college that receives money under section 201(4) shall use that

 

money solely for the purpose of offsetting a portion of the retirement contributions

 

owed by the college for that fiscal year.

 

       (b) The amount allocated to each participating community college under section

 

201(4) shall be based on each college's percentage of the total covered payroll for

 

all community colleges that are participating colleges in the immediately preceding


fiscal year.

 

       Sec. 207b. All of the following apply to the allocation of the fiscal year 2017-

 

2018 2018-2019 appropriations described in section 201(5) for payments to community

 

colleges that are participating entities of the retirement system:

 

       (a) The amount of a payment under section 201(5) shall be the difference between

 

the unfunded actuarial accrued liability contribution rate as calculated under section

 

41 of the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1341, as

 

calculated without taking into account the maximum employer rate of 20.96% included in

 

section 41 of the public school employees retirement act of 1979, 1980 PA 300, MCL

 

38.1341, and the maximum employer rate of 20.96% under section 41 of the public school

 

employees retirement act of 1979, 1980 PA 300, MCL 38.1341.

 

       (b) The amount allocated to each community college under section 201(5) shall be

 

based on each community college's percentage of the total covered payroll for all

 

community colleges that are participating colleges in the immediately preceding fiscal

 

year. A community college that receives funds under this subdivision shall use the

 

funds solely for the purpose of retirement contributions under section 201(5).

 

       (c) Each participating college that receives funds under section 201(5) shall

 

forward an amount equal to the amount allocated under subdivision (b) to the

 

retirement system in a form and manner determined by the retirement system.

 

       Sec. 207c. All of the following apply to the allocation of the appropriations

 

described in section 201(6) to community colleges described in section 12(3) of the

 

Michigan renaissance zone act, 1996 PA 376, MCL 125.2692:

 

       (a) The amount allocated to each community college under section 201(6) for

 

fiscal year 2017-2018 2018-2019 shall be based on that community college's proportion

 

of total revenue lost by community colleges as a result of the exemption of property

 

taxes levied in 2017 2018 under the Michigan renaissance zone act, 1996 PA 376, MCL

 

125.2681 to 125.2696.


       (b) The appropriations described in section 201(6) shall be made to each eligible

 

community college within 60 days after the department of treasury certifies to the

 

state budget director that it has received all necessary information to properly

 

determine the amounts payable to each eligible community college under section 12 of

 

the Michigan renaissance zone act, 1996 PA 376, MCL 125.2692.

 

       Sec. 209. (1) Within 30 days after the board of a community college adopts its

 

annual operating budget for the following fiscal year, or after the board adopts a

 

subsequent revision to that budget, the community college shall make all of the

 

following available through a link on its website homepage:

 

       (a) The annual operating budget and subsequent budget revisions.

 

       (b) A link to the most recent "Activities Classification Structure Data Book and

 

Companion". "MICHIGAN COMMUNITY COLLEGE DATA INVENTORY REPORT".

 

       (c) General fund revenue and expenditure projections for the current fiscal year

 

and the next fiscal year.

 

       (d) A listing of all debt service obligations, detailed by project, anticipated

 

fiscal year payment of each project, and total outstanding debt for the current fiscal

 

year.

 

       (e) Links to all of the following for the community college:

 

       (i) The current collective bargaining agreement for each bargaining unit.

 

       (ii) Each health care benefits plan, including, but not limited to, medical,

 

dental, vision, disability, long-term care, or any other type of benefits that would

 

constitute health care services, offered to any bargaining unit or employee of the

 

community college.

 

       (iii) Audits and financial reports for the most recent fiscal year for which they

 

are available.

 

       (iv) A copy of the board of trustees resolution regarding compliance with best

 

practices for the local strategic value component described in section 230(2).


       (2) For statewide consistency and public visibility, community colleges must use

 

the icon badge provided by the department of technology, management, and budget

 

consistent with the icon badge developed by the department of education for K-12

 

school districts. It must appear on the front of each community college's homepage.

 

The size of the icon may be reduced to 150 x 150 pixels.

 

       (3) The state budget director shall determine whether a community college has

 

complied with this section. The state budget director may withhold a community

 

college's monthly installments described in section 206 until the community college

 

complies with this section. The state budget director shall notify the chairs of the

 

house and senate appropriations subcommittee on community colleges at least 10 days

 

before withholding funds from any community college.

 

       (3) (4) Each community college shall report the following information to the

 

senate and house appropriations subcommittees on community colleges, the senate and

 

house fiscal agencies, and the state budget office by November 15 of each fiscal year

 

and post that information on its website as required under subsection (1):

 

       (a) Budgeted current fiscal year general fund revenue from tuition and fees.

 

       (b) Budgeted current fiscal year general fund revenue from state appropriations.

 

       (c) Budgeted current fiscal year general fund revenue from property taxes.

 

       (d) Budgeted current fiscal year total general fund revenue.

 

       (e) Budgeted current fiscal year total general fund expenditures.

 

       (4) (5) By November 15 of each year, a community college shall report the

 

following information to the center and post the information on its website under the

 

budget transparency icon badge:

 

       (a) Opportunities for earning college credit through the following programs:

 

       (i) State approved career and technical education or a tech prep articulated

 

program of study.

 

       (ii) Direct college credit or concurrent enrollment.


       (iii) Dual enrollment.

 

       (iv) An early college/middle college program.

 

       (b) For each program described in subdivision (a) that the community college

 

offers, all of the following information:

 

       (i) The number of high school students participating in the program.

 

       (ii) The number of school districts that participate in the program with the

 

community college.

 

       (iii) Whether a college professor, qualified local school district employee, or

 

other individual teaches the course or courses in the program.

 

       (iv) The total cost to the community college to operate the program.

 

       (v) The cost per credit hour for the course or courses in the program.

 

       (vi) The location where the course or courses in the program are held.

 

       (vii) Instructional resources offered to the program instructors.

 

       (viii) Resources offered to the student in the program.

 

       (ix) Transportation services provided to students in the program.

 

       Sec. 210b. By March 1, 2018 2019, the Michigan Community College Association and

 

the Michigan Association of State Universities shall submit a report to the senate and

 

house appropriations subcommittees on community colleges, the senate and house fiscal

 

agencies, and the state budget director on the activities and programs of the transfer

 

steering committee since the March 1, 2017 2018 report required under this section,

 

including all of the following:

 

       (a) The alignment of learning outcomes in gateway mathematics courses in the

 

quantitative reasoning, college algebra, and statistics pathways and the

 

transferability of mathematics gateway courses between and among community colleges

 

and universities.

 

       (b) The development of program-specific, statewide transfer pathways that meet

 

program requirements for both associate and bachelor's degree programs.


       (c) The development of an enhanced online communication tool to share information

 

about postsecondary options in Michigan, course equivalencies, and transfer pathways

 

that are clearly articulated.

 

       (d) The establishment of clear timelines for developing and implementing transfer

 

pathways.

 

       (e) A progress report on the implementation of the Michigan transfer agreement.

 

       SEC. 210E. BY FEBRUARY 1, 2019, THE MICHIGAN COMMUNITY COLLEGE ASSOCIATION, THE

 

MICHIGAN ASSOCIATION OF STATE UNIVERSITIES, AND THE MICHIGAN INDEPENDENT COLLEGES AND

 

UNIVERSITIES, ON BEHALF OF THEIR MEMBER COLLEGES AND UNIVERSITIES, SHALL SUBMIT TO THE

 

SENATE AND HOUSE APPROPRIATIONS SUBCOMMITTEES ON HIGHER EDUCATION, THE SENATE AND

 

HOUSE APPROPRIATIONS SUBCOMMITTEES ON COMMUNITY COLLEGES, THE SENATE AND HOUSE FISCAL

 

AGENCIES, AND THE STATE BUDGET DIRECTOR A COMPREHENSIVE REPORT DETAILING THE NUMBER OF

 

ACADEMIC PROGRAM PARTNERSHIPS BETWEEN PUBLIC COMMUNITY COLLEGES, PUBLIC UNIVERSITIES,

 

AND PRIVATE COLLEGES AND UNIVERSITIES, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING

 

INFORMATION:

 

       (A) THE NAMES OF THE BACCALAUREATE DEGREE PROGRAMS OF STUDY OFFERED BY PUBLIC AND

 

PRIVATE UNIVERSITIES ON COMMUNITY COLLEGE CAMPUSES.

 

       (B) THE NAMES OF THE ARTICULATION AGREEMENTS FOR BACCALAUREATE DEGREE PROGRAMS OF

 

STUDY BETWEEN PUBLIC COMMUNITY COLLEGES, PUBLIC UNIVERSITIES, AND PRIVATE COLLEGES AND

 

UNIVERSITIES.

 

       (C) THE NUMBER OF STUDENTS ENROLLED AND NUMBER OF DEGREES AWARDED THROUGH

 

ARTICULATION AGREEMENTS, AND THE NUMBER OF COURSES OFFERED, NUMBER OF STUDENTS

 

ENROLLED, AND NUMBER OF DEGREES AWARDED THROUGH ON-CAMPUS PROGRAMS NAMED IN

 

SUBDIVISION (A) FROM JULY 1, 2017 THROUGH JUNE 30,2018.

 

       Sec. 217. (1) The center shall do all of the following:

 

       (a) Establish, maintain, and coordinate the state community college database

 

commonly known as the "activities classification structure" or "ACS" database.


"MICHIGAN COMMUNITY COLLEGE DATA INVENTORY".

 

       (b) Collect data concerning community colleges and community college programs in

 

this state, including data required by law.

 

       (c) Establish procedures to ensure the validity and reliability of the data and

 

the collection process.

 

       (d) Develop model data collection policies, including, but not limited to,

 

policies that ensure the privacy of any individual student data. Privacy policies

 

shall ensure that student social security numbers are not released to the public for

 

any purpose.

 

       (e) Provide data in a useful manner to allow state policymakers and community

 

college officials to make informed policy decisions.

 

       (2) There is created within the center the activities classification structure

 

"MICHIGAN COMMUNITY COLLEGE DATA INVENTORY" advisory committee. The committee shall

 

provide advice to the director of the center regarding the management of the state

 

community college database, including, but not limited to:

 

       (a) Determining what data are necessary to collect and maintain to enable state

 

and community college officials to make informed policy decisions.

 

       (b) Defining the roles of all stakeholders in the data collection system.

 

       (c) Recommending timelines for the implementation and ongoing collection of data.

 

       (d) Establishing and maintaining data definitions, data transmission protocols,

 

and system specifications and procedures for the efficient and accurate transmission

 

and collection of data.

 

       (e) Establishing and maintaining a process for ensuring the accuracy of the data.

 

       (f) Establishing and maintaining policies related to data collection, including,

 

but not limited to, privacy policies related to individual student data.

 

       (g) Ensuring that the data are made available to state policymakers and citizens

 

of this state in the most useful format possible.


       (h) Addressing other matters as determined by the director of the center or as

 

required by law.

 

       (3) The activities classification structure MICHIGAN COMMUNITY COLLEGE DATA

 

INVENTORY advisory committee created in subsection (2) shall consist of the following

 

members:

 

       (a) One representative from the house fiscal agency, appointed by the director of

 

the house fiscal agency.

 

       (b) One representative from the senate fiscal agency, appointed by the director

 

of the senate fiscal agency.

 

       (c) One representative from the workforce development agency, appointed by the

 

director of the workforce development agency.

 

       (d) One representative from the center appointed by the director of the center.

 

       (e) One representative from the state budget office, appointed by the state

 

budget director.

 

       (f) One representative from the governor's policy office, appointed by that

 

office.

 

       (g) Four representatives of the Michigan Community College Association, appointed

 

by the president of the association. From the groupings of community colleges given in

 

table 17 of the activities classification structure database described in subsection

 

(1), the association shall appoint 1 representative each from group 1, group 2, and

 

group 3, and 1 representative from either group 3 or 4.

 

       Sec. 225. Each community college shall report to the center by August 31 of each

 

year the tuition and mandatory fees paid by a full-time in-district student and a

 

full-time out-of-district student as established by the college governing board for

 

the current academic year. This report should also include the annual cost of

 

attendance based on a full-time course load of 30 credits. Each community college

 

shall also report any revisions to the reported current academic year tuition and


mandatory fees adopted by the college governing board to the center within 15 days of

 

being adopted. The center shall provide this information and any revisions to the

 

house and senate fiscal agencies and the state budget director.

 

       Sec. 226. Each community college shall report to the center BY OCTOBER 15 OF EACH

 

YEAR the numbers and type of associate degrees and other certificates awarded by the

 

community college during the previous fiscal ACADEMIC year USING THE P-20 LONGITUDINAL

 

DATA SYSTEM. The report shall be made not later than November 15 of each year.

 

Community colleges shall work with the center to develop a systematic approach for

 

meeting this requirement using the P-20 longitudinal data system.

 

       Sec. 229a. Included in the fiscal year 2017-2018 2018-2019 appropriations for the

 

department of technology, management, and budget are appropriations totaling

 

$30,879,600.00 $36,378,100.00 to provide funding for the state share of costs for

 

previously constructed capital projects for community colleges. Those appropriations

 

for state building authority rent represent additional state general fund support for

 

community colleges, and the following is an estimate of the amount of that support to

 

each community college:

 

       (a) Alpena Community College, $630,000.00. $876,300.00.

 

       (b) Bay de Noc Community College, $682,400.00. $677,000.00.

 

       (c) Delta College, $3,347,300.00. $3,798,700.00.

 

       (d) Glen Oaks Community College, $124,000.00. $123,000.00.

 

       (e) Gogebic Community College, $56,400.00. $56,000.00.

 

       (f) Grand Rapids Community College, $2,075,300.00. $2,536,500.00.

 

       (g) Henry Ford College, $1,036,200.00. $1,028,000.00.

 

       (h) Jackson College, $2,264,800.00. $2,164,000.00.

 

       (i) Kalamazoo Valley Community College, $1,957,400.00. $1,942,000.00.

 

       (j) Kellogg Community College, $524,100.00. $681,300.00.

 

       (k) Kirtland Community College, $365,900.00. $591,800.00.


       (l) Lake Michigan College, $342,700.00. $975,800.00.

 

       (m) Lansing Community College, $1,150,000.00. $1,141,000.00.

 

       (n) Macomb Community College, $1,662,100.00. $1,649,000.00.

 

       (o) Mid Michigan Community College, $1,627,800.00. $1,615,000.00.

 

       (p) Monroe County Community College, $1,273,000.00. $1,544,300.00.

 

       (q) Montcalm Community College, $978,700.00. $971,000.00.

 

       (r) C.S. Mott Community College, $1,817,300.00. $2,107,200.00.

 

       (s) Muskegon Community College, $570,500.00. $989,000.00.

 

       (t) North Central Michigan College, $416,300.00. $668,000.00.

 

       (u) Northwestern Michigan College, $1,315,400.00. $1,844,900.00.

 

       (v) Oakland Community College, $468,700.00. $465,000.00.

 

       (w) Schoolcraft College, $1,558,300.00. $2,296,000.00.

 

       (x) Southwestern Michigan College, $531,700.00. $887,500.00.

 

       (y) St. Clair County Community College, $358,800.00. $723,500.00.

 

       (z) Washtenaw Community College, $1,689,300.00. $1,826,000.00.

 

       (aa) Wayne County Community College, $1,473,600.00. $1,462,000.00.

 

       (bb) West Shore Community College, $581,600.00. $738,300.00.


ARTICLE III

 

STATE AID FOR UNIVERSITIES AND STUDENT FINANCIAL AID

 

       Sec. 236. (1) Subject to the conditions set forth in this article, the amounts

 

listed in this section are appropriated for higher education for the fiscal year

 

ending September 30, 2018, 2019, from the funds indicated in this section. The

 

following is a summary of the appropriations in this section:

 

       (a) The gross appropriation is $1,629,224,400.00. $1,658,932,600.00. After

 

deducting total interdepartmental grants and intradepartmental transfers in the amount

 

of $0.00, the adjusted gross appropriation is $1,629,224,400.00. $1,658,932,600.00.

 

       (b) The sources of the adjusted gross appropriation described in subdivision (a)

 

are as follows:

 

       (i) Total federal revenues, $111,526,400.00. $113,026,400.00.

 

       (ii) Total local revenues, $0.00.

 

       (iii) Total private revenues, $0.00.

 

       (iv) Total other state restricted revenues, $238,443,500.00. $385,688,300.00.

 

       (v) State general fund/general purpose money, $1,279,254,500.00.

 

$1,160,217,900.00.

 

       (2) Amounts appropriated for public universities are as follows:

 

       (a) The appropriation for Central Michigan University is $85,654,400.00,

 

$87,413,100.00, $83,925,500.00 $85,654,400.00 for operations and $1,728,900.00

 

$1,758,700.00 for performance funding.

 

       (b) The appropriation for Eastern Michigan University is $75,169,900.00,

 

$76,977,200.00, $73,593,800.00 $75,169,900.00 for operations and $1,576,100.00

 

$1,807,300.00 for performance funding.

 

       (c) The appropriation for Ferris State University is $53,595,500.00,

 

$54,975,900.00, $52,259,900.00 $53,595,500.00 for operations and $1,335,600.00

 

$1,380,400.00 for performance funding.


       (d) The appropriation for Grand Valley State University is $70,100,100.00,

 

$72,053,500.00, $68,227,900.00 $70,100,100.00 for operations and $1,872,200.00

 

$1,953,400.00 for performance funding.

 

       (e) The appropriation for Lake Superior State University is $13,775,000.00,

 

$13,988,400.00, $13,567,400.00 $13,775,000.00 for operations and $207,600.00

 

$213,400.00 for performance funding.

 

       (f) The appropriation for Michigan State University is $344,404,800.00,

 

$350,698,000.00, $275,862,100.00 $281,239,100.00 for operations, $5,377,000.00

 

$5,029,800.00 for performance funding, $33,913,100.00 $34,591,400.00 for MSU

 

AgBioResearch, and $29,252,600.00 $29,837,700.00 for MSU Extension.

 

       (g) The appropriation for Michigan Technological University is $49,052,200.00,

 

$49,947,900.00, $48,097,500.00 $49,052,200.00 for operations and $954,700.00

 

$895,700.00 for performance funding.

 

       (h) The appropriation for Northern Michigan University is $47,137,400.00,

 

$48,004,600.00, $46,279,200.00 $47,137,400.00 for operations and $858,200.00

 

$867,200.00 for performance funding.

 

       (i) The appropriation for Oakland University is $51,235,900.00, $52,816,100.00,

 

$49,920,700.00 $51,235,900.00 for operations and $1,315,200.00 $1,580,200.00 for

 

performance funding.

 

       (j) The appropriation for Saginaw Valley State University is $29,766,100.00,

 

$30,526,800.00, $29,114,000.00 $29,766,100.00 for operations and $652,100.00

 

$760,700.00 for performance funding.

 

       (k) The appropriation for University of Michigan – Ann Arbor is $314,589,100.00,

 

$320,775,300.00, $308,639,000.00 $314,589,100.00 for operations and $5,950,100.00

 

$6,186,200.00 for performance funding.

 

       (l) The appropriation for University of Michigan – Dearborn is $25,421,900.00,

 

$26,070,700.00, $24,803,300.00 $25,421,900.00 for operations and $618,600.00


$648,800.00 for performance funding.

 

       (m) The appropriation for University of Michigan – Flint is $23,061,800.00,

 

$23,584,100.00, $22,549,300.00 $23,061,800.00 for operations and $512,500.00

 

$522,300.00 for performance funding.

 

       (n) The appropriation for Wayne State University is $199,169,800.00,

 

$202,361,000.00, $196,064,500.00 $199,169,800.00 for operations and $3,105,300.00

 

$3,191,200.00 for performance funding.

 

       (o) The appropriation for Western Michigan University is $109,376,800.00,

 

$111,148,300.00, $107,440,900.00 $109,376,800.00 for operations and $1,935,900.00

 

$1,771,500.00 for performance funding.

 

       (3) The amount appropriated in subsection (2) for public universities is

 

appropriated from the following:

 

       (a) State school aid fund, $231,219,500.00. $379,786,300.00.

 

       (b) State general fund/general purpose money, $1,260,291,200.00.

 

$1,141,554,600.00.

 

       (4) The amount appropriated for Michigan public school employees' retirement

 

system reimbursement is $6,705,000.00, $5,133,000.00, appropriated from the state

 

school aid fund.

 

       (5) The amount appropriated for state and regional programs is $315,000.00,

 

appropriated from general fund/general purpose money and allocated as follows:

 

       (a) Higher education database modernization and conversion, $200,000.00.

 

       (b) Midwestern Higher Education Compact, $115,000.00.

 

       (6) The amount appropriated for the Martin Luther King, Jr. - Cesar Chavez - Rosa

 

Parks program is $2,691,500.00, appropriated from general fund/general purpose money

 

and allocated as follows:

 

       (a) Select student support services, $1,956,100.00.

 

       (b) Michigan college/university partnership program, $586,800.00.


       (c) Morris Hood, Jr. educator development program, $148,600.00.

 

       (7) Subject to subsection (8), the amount appropriated for grants and financial

 

aid is $127,583,200.00, $128,783,200.00, allocated as follows:

 

       (a) State competitive scholarships, $26,361,700.00. $32,361,700.00.

 

       (b) Tuition grants, $38,021,500.00. $32,021,500.00.

 

       (c) Tuition incentive program, $58,300,000.00. $59,800,000.00.

 

       (d) Children of veterans and officer's survivor tuition grant programs,

 

$1,400,000.00.

 

       (e) Project GEAR-UP, $3,200,000.00.

 

(f) North American Indian tuition waiver, $300,000.00.

 

       (8) The money appropriated in subsection (7) for grants and financial aid is

 

appropriated from the following:

 

       (a) Federal revenues under the United States Department of Education, Office of

 

Elementary and Secondary Education, GEAR-UP program, $3,200,000.00.

 

       (b) Federal revenues under the social security act, temporary assistance for

 

needy families, $108,326,400.00. $109,826,400.00.

 

       (c) Contributions to children of veterans tuition grant program, $100,000.00.

 

       (d) State general fund/general purpose money, $15,956,800.00. $15,656,800.00.

 

       (9) For fiscal year 2017-2018 2018-2019 only, in addition to the allocation under

 

subsection (4), from the appropriations described in subsection (1), there is

 

allocated an amount not to exceed $419,000.00 $669,000.00 for payments to

 

participating public universities, appropriated from the state school aid fund. A

 

university that receives money under this subsection shall use that money solely for

 

the purpose of offsetting the normal cost contribution rate. As used in this

 

subsection, "participating public universities" means public universities that are a

 

reporting unit of the Michigan public school employees' retirement system under the

 

public school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437,


and that pay contributions to the Michigan public school employees' retirement system

 

for the state fiscal year.

 

       Sec. 236b. In addition to the funds appropriated in section 236, there is

 

appropriated for grants and financial aid in fiscal year 2017-2018 2018-2019 an amount

 

not to exceed $6,000,000.00 for federal contingency funds. These funds are not

 

available for expenditure until they have been transferred under section 393(2) of the

 

management and budget act, 1984 PA 431, MCL 18.1393, for another purpose under this

 

article.

 

       Sec. 236c. In addition to the funds appropriated for fiscal year 2017-2018 2018-

 

2019 in section 236, appropriations to the department of technology, management, and

 

budget in the act providing general appropriations for fiscal year 2017-2018 2018-2019

 

for state building authority rent, totaling an estimated $144,995,300.00,

 

$155,478,500.00, provide funding for the state share of costs for previously

 

constructed capital projects for state universities. These appropriations for state

 

building authority rent represent additional state general fund support provided to

 

public universities, and the following is an estimate of the amount of that support to

 

each university:

 

       (a) Central Michigan University, $12,570,900.00. $12,936,500.00.

 

       (b) Eastern Michigan University, $5,177,500.00. $7,083,900.00.

 

       (c) Ferris State University, $6,658,300.00. $8,275,000.00.

 

       (d) Grand Valley State University, $7,057,800.00. $8,800,000.00.

 

       (e) Lake Superior State University, $1,832,400.00. $2,285,800.00.

 

       (f) Michigan State University, $15,500,500.00. $16,790,400.00.

 

       (g) Michigan Technological University, $7,225,100.00. $6,782,000.00.

 

       (h) Northern Michigan University, $7,786,500.00. $7,309,000.00.

 

       (i) Oakland University, $13,492,400.00. $12,665,000.00.

 

       (j) Saginaw Valley State University, $10,918,500.00. $10,984,000.00.


       (k) University of Michigan - Ann Arbor, $10,586,200.00. $11,861,000.00.

 

       (l) University of Michigan - Dearborn, $9,581,500.00. $10,918,000.00.

 

       (m) University of Michigan - Flint, $4,315,600.00. $6,244,800.00.

 

       (n) Wayne State University, $16,378,300.00. $16,480,200.00.

 

       (o) Western Michigan University, $15,913,800.00. $16,062,900.00.

 

       Sec. 241. (1) Subject to sections 244 and 265a, the funds appropriated in section

 

236 to public universities shall be paid out of the state treasury and distributed by

 

the state treasurer to the respective institutions in 11 equal monthly installments on

 

the sixteenth of each month, or the next succeeding business day, beginning with

 

October 16, 2017. 2018. Except for Wayne State University, each institution shall

 

accrue its July and August 2018 2019 payments to its institutional fiscal year ending

 

June 30, 2018. 2019.

 

       (2) All public universities shall submit higher education institutional data

 

inventory (HEIDI) data and associated financial and program information requested by

 

and in a manner prescribed by the state budget director. For public universities with

 

fiscal years ending June 30, 2017, 2018, these data shall be submitted to the state

 

budget director by October 15, 2017. 2018. Public universities with a fiscal year

 

ending September 30, 2017 2018 shall submit preliminary HEIDI data by November 15,

 

2017 2018 and final data by December 15, 2017. 2018. If a public university fails to

 

submit HEIDI data and associated financial aid program information in accordance with

 

this reporting schedule, the state treasurer may withhold the monthly installments

 

under subsection (1) to the public university until those data are submitted.

 

       Sec. 242. Funds received by the state from the federal government or private

 

sources for the use of a college or university are appropriated for the purposes for

 

which they are provided. The acceptance and use of federal or private funds do not

 

place an obligation on the legislature to continue the purposes for which the funds

 

are made available.


       Sec. 245. (1) A public university shall maintain a public transparency website

 

available through a link on its website homepage. The public university shall update

 

this website within 30 days after the university's governing board adopts its annual

 

operating budget for the next academic year, or after the governing board adopts a

 

subsequent revision to that budget.

 

       (2) The website required under subsection (1) shall include all of the following

 

concerning the public university:

 

       (a) The annual operating budget and subsequent budget revisions.

 

       (b) A summary of current expenditures for the most recent fiscal year for which

 

they are available, expressed as pie charts in the following 2 categories:

 

       (i) A chart of personnel expenditures, broken into the following subcategories:

 

       (A) Earnings and wages.

 

       (B) Employee benefit costs, including, but not limited to, medical, dental,

 

vision, life, disability, and long-term care benefits.

 

       (C) Retirement benefit costs.

 

       (D) All other personnel costs.

 

       (ii) A chart of all current expenditures the public university reported as part

 

of its higher education institutional data inventory data under section 241(2), broken

 

into the same subcategories in which it reported those data.

 

       (c) Links to all of the following for the public university:

 

       (i) The current collective bargaining agreement for each bargaining unit.

 

       (ii) Each health care benefits plan, including, but not limited to, medical,

 

dental, vision, disability, long-term care, or any other type of benefits that would

 

constitute health care services, offered to any bargaining unit or employee of the

 

public university.

 

       (iii) Audits and financial reports for the most recent fiscal year for which they

 

are available.


       (iv) Campus security policies and crime statistics pursuant to the student right-

 

to-know and campus security act, Public Law 101-542, 104 Stat 2381. Information shall

 

include all material prepared pursuant to the public information reporting

 

requirements under the crime awareness and campus security act of 1990, title II of

 

the student right-to-know and campus security act, Public Law 101-542, 104 Stat 2381.

 

       (d) A list of all positions funded partially or wholly through institutional

 

general fund revenue that includes the position title and annual salary or wage amount

 

for each position.

 

       (e) General fund revenue and expenditure projections for the current fiscal year

 

and the next fiscal year.

 

       (f) A listing of all debt service obligations, detailed by project, anticipated

 

fiscal year payment for each project, and total outstanding debt for the current

 

fiscal year.

 

       (g) The institution's policy regarding the transferability of core college

 

courses between community colleges and the university.

 

       (h) A listing of all community colleges that have entered into reverse transfer

 

agreements with the university.

 

       (3) On the website required under subsection (1), a public university shall

 

provide a dashboard or report card demonstrating the university's performance in

 

several "best practice" measures. The dashboard or report card shall include at least

 

all of the following for the 3 most recent academic years for which the data are

 

available:

 

       (a) Enrollment.

 

       (b) Student retention rate.

 

       (c) Six-year graduation rates.

 

       (d) Number of Pell grant recipients and graduating Pell grant recipients.

 

       (e) Geographic origination of students, categorized as in-state, out-of-state,


and international.

 

       (f) Faculty to student ratios and total university employee to student ratios.

 

       (g) Teaching load by faculty classification.

 

       (h) Graduation outcome rates, including employment and continuing education.

 

       (4) For statewide consistency and public visibility, public universities must use

 

the icon badge provided by the department of technology, management, and budget

 

consistent with the icon badge developed by the department of education for K-12

 

school districts. It must appear on the front of each public university's homepage.

 

The size of the icon may be reduced to 150 x 150 pixels. The font size and style for

 

this reporting must be consistent with other documents on each university's website.

 

       (5) The state budget director shall determine whether a public university has

 

complied with this section. The state budget director may withhold a public

 

university's monthly installments described in section 241 until the public university

 

complies with this section.

 

       (5) (6) By November 15 of each year, a public university shall report the

 

following information to the center and post the information on its website under the

 

budget transparency icon badge:

 

       (a) Opportunities for earning college credit through the following programs:

 

       (i) State approved career and technical education or a tech prep articulated

 

program of study.

 

       (ii) Direct college credit or concurrent enrollment.

 

       (iii) Dual enrollment.

 

       (iv) An early college/middle college program.

 

       (b) For each program described in subdivision (a) that the public university

 

offers, all of the following information:

 

       (i) The number of high school students participating in the program.

 

       (ii) The number of school districts that participate in the program with the


public university.

 

       (iii) Whether a university professor, qualified local school district employee,

 

or other individual teaches the course or courses in the program.

 

       (iv) The total cost to the public university to operate the program.

 

       (v) The cost per credit hour for the course or courses in the program.

 

       (vi) The location where the course or courses in the program are held.

 

       (vii) Instructional resources offered to the program instructors.

 

       (viii) Resources offered to the student in the program.

 

       (ix) Transportation services provided to students in the program.

 

       Sec. 252. (1) The amounts appropriated in section 236 for the state tuition grant

 

program shall be distributed pursuant to 1966 PA 313, MCL 390.991 to 390.997a.

 

       (2) Tuition grant awards shall be made to all eligible Michigan residents

 

enrolled in undergraduate degree programs who are qualified and who apply before July

 

1, 2017 for the 2017-2018 academic year. Beginning with the 2018-2019 academic year,

 

tuition grant awards shall be made to all eligible Michigan residents enrolled in

 

undergraduate degree programs who are qualified and who apply before March 1 of each

 

year for the next academic year.

 

       (3) Beginning with the 2018-2019 academic year, a tuition grant may be renewed

 

for not more than 10 semesters or its equivalent in trimesters or quarters of

 

undergraduate education, or if an eligible applicant has not completed using the grant

 

within 10 years after his or her eligibility is determined, whichever occurs first.

 

The department shall determine an equivalent to 10 semesters or its equivalent in

 

trimesters or quarters of undergraduate education for less than full-time but more

 

than half-time students.

 

       (3) (4) Pursuant to section 5 of 1966 PA 313, MCL 390.995, and subject to

 

subsections (8) (7) and (9), (8), the department of treasury shall determine an actual

 

maximum tuition grant award per student, which shall be no less than $2,000.00,


$2,100.00, that ensures that the aggregate payments for the tuition grant program do

 

not exceed the appropriation contained in section 236 for the state tuition grant

 

program. If the department determines that insufficient funds are available to

 

establish a maximum award amount equal to at least $2,000.00, $2,100.00, the

 

department shall immediately report to the house and senate appropriations

 

subcommittees on higher education, the house and senate fiscal agencies, and the state

 

budget director regarding the estimated amount of additional funds necessary to

 

establish a $2,000.00 $2,100.00 maximum award amount. If the department determines

 

that sufficient funds are available to establish a maximum award amount equal to at

 

least $2,000.00, $2,100.00, the department shall immediately report to the house and

 

senate appropriations subcommittees on higher education, the house and senate fiscal

 

agencies, and the state budget director regarding the maximum award amount established

 

and the projected amount of any projected year-end appropriation balance based on that

 

maximum award amount. By February 18 of each fiscal year, the department shall analyze

 

the status of award commitments, shall make any necessary adjustments, and shall

 

confirm that those award commitments will not exceed the appropriation contained in

 

section 236 for the tuition grant program. The determination and actions shall be

 

reported to the state budget director and the house and senate fiscal agencies no

 

later than the final day of February of each year. If award adjustments are necessary,

 

the students shall be notified of the adjustment by March 4 of each year.

 

       (4) (5) Any unexpended and unencumbered funds remaining on September 30, 2018

 

2019 from the amounts appropriated in section 236 for the tuition grant program for

 

fiscal year 2017-2018 2018-2019 do not lapse on September 30, 2018 2019, but continue

 

to be available for expenditure for tuition grants provided in the 2018-2019 2019-2020

 

fiscal year under a work project account. The use of these unexpended fiscal year

 

2017-2018 funds terminates at the end of the 2018-2019 fiscal year.

 

       (5) (6) The department of treasury shall continue a proportional tuition grant


maximum award level for recipients enrolled less than full-time in a given semester or

 

term.

 

       (6) (7) If the department of treasury increases the maximum award per eligible

 

student from that provided in the previous fiscal year, it shall not have the effect

 

of reducing the number of eligible students receiving awards in relation to the total

 

number of eligible applicants. Any increase in the maximum grant shall be proportional

 

for all eligible students receiving awards for that fiscal year.

 

       (7) (8) Except as provided in subsection (5), (4), the department of treasury

 

shall not award more than $3,500,000.00 $4,200,000.00 in tuition grants to eligible

 

students enrolled in the same independent nonprofit college or university in this

 

state. Any decrease in the maximum grant shall be proportional for all eligible

 

students enrolled in that college or university, as determined by the department.

 

       (8) (9) The department of treasury shall not award tuition grants to otherwise

 

eligible students enrolled in an independent college or university that does not

 

report, in a form and manner directed by and satisfactory to the department of

 

treasury, by October 31 of each year, all of the following:

 

       (a) The number of students in the most recently completed academic year who in

 

any academic year received a state tuition grant at the reporting institution and

 

successfully completed a program or graduated.

 

       (b) The number of students in the most recently completed academic year who in

 

any academic year received a state tuition grant at the reporting institution and took

 

a remedial education class.

 

       (c) The number of students in the most recently completed academic year who in

 

any academic year received a Pell grant at the reporting institution and successfully

 

completed a program or graduated.

 

       (9) (10) By February 1, 2018 2019, each independent college and university

 

participating in the tuition grant program shall report to the senate and house


appropriations subcommittees on higher education, the senate and house fiscal

 

agencies, and the state budget director on its efforts to develop and implement sexual

 

assault response training for the institution's title IX coordinator, campus law

 

enforcement personnel, campus public safety personnel, and any other campus personnel

 

charged with responding to on-campus incidents, including information on sexual

 

assault response training materials and the status of implementing sexual assault

 

response training for institutional personnel.

 

       Sec. 256. (1) The funds appropriated in section 236 for the tuition incentive

 

program shall be distributed as provided in this section and pursuant to the

 

administrative procedures for the tuition incentive program of the department of

 

treasury.

 

       (2) As used in this section:

 

       (a) "Phase I" means the first part of the tuition incentive program defined as

 

the academic period of 80 semester or 120 term credits, or less, leading to an

 

associate degree or certificate. Students must be enrolled in a certificate or

 

associate degree program and taking classes within the program of study for a

 

certificate or associate degree. Tuition will not be covered for courses outside of a

 

certificate or associate degree program.

 

       (b) "Phase II" means the second part of the tuition incentive program which

 

provides assistance in the third and fourth year of 4-year degree programs.

 

       (c) "Department" means the department of treasury.

 

       (d) "High school equivalency certificate" means that term as defined in section

 

4.

 

       (3) An individual shall meet the following basic criteria and financial

 

thresholds to be eligible for tuition incentive program benefits:

 

       (a) To be eligible for phase I, an individual shall meet all of the following

 

criteria:


       (i) Apply for certification to the department any time after he or she begins the

 

sixth grade but before August 31 of the school year in which he or she graduates from

 

high school or before achieving a high school equivalency certificate.

 

       (ii) Be less than 20 years of age at the time he or she graduates from high

 

school with a diploma or certificate of completion or achieves a high school

 

equivalency certificate or, for students attending a 5-year middle college approved by

 

the Michigan department of education, be less than 21 years of age when he or she

 

graduates from high school.

 

       (iii) Be a United States citizen and a resident of this state according to

 

institutional criteria.

 

       (iv) Be at least a half-time student, earning less than 80 semester or 120 term

 

credits at a participating educational institution within 4 years of high school

 

graduation or achievement of a high school equivalency certificate. All program

 

eligibility expires 6 years from high school graduation or achievement of a high

 

school equivalency certificate.

 

       (v) Meet the satisfactory academic progress policy of the educational institution

 

he or she attends.

 

       (b) To be eligible for phase II, an individual shall meet either of the following

 

criteria in addition to the criteria in subdivision (a):

 

       (i) Complete at least 56 transferable semester or 84 transferable term credits.

 

       (ii) Obtain an associate degree or certificate at a participating institution.

 

       (c) To be eligible for phase I or phase II, an individual must not be

 

incarcerated and must be financially eligible as determined by the department. An

 

individual is financially eligible for the tuition incentive program if he or she was

 

eligible for Medicaid from this state for 24 months within the 36 consecutive months

 

before application. The department shall accept certification of Medicaid eligibility

 

only from the department of health and human services for the purposes of verifying if


a person is Medicaid eligible for 24 months within the 36 consecutive months before

 

application. Certification of eligibility may begin in the sixth grade. As used in

 

this subdivision, "incarcerated" does not include detention of a juvenile in a state-

 

operated or privately operated juvenile detention facility.

 

       (4) Beginning in fiscal year 2017-2018, The THE department shall not award more

 

than $8,500,000.00 annually in tuition incentive program funds to eligible students

 

enrolled in the same college or university in this state.

 

       (5) For phase I, the department shall provide payment on behalf of a person

 

eligible under subsection (3). The department shall only accept standard per-credit

 

hour tuition billings and shall reject billings that are excessive or outside the

 

guidelines for the type of educational institution.

 

       (6) For phase I, all of the following apply:

 

       (a) Payments for associate degree or certificate programs shall not be made for

 

more than 80 semester or 120 term credits for any individual student at any

 

participating institution.

 

       (b) For persons enrolled at a Michigan community college, the department shall

 

pay the current in-district tuition and mandatory fees. For persons residing in an

 

area that is not included in any community college district, the out-of-district

 

tuition rate may be authorized.

 

       (c) For fiscal year 2017-2018 2018-2019, for persons enrolled at a Michigan

 

public university, the department shall pay lower division resident tuition and

 

mandatory fees for the current year. Beginning in fiscal year 2018-2019, for persons

 

enrolled at a Michigan public university, the department shall pay mandatory fees for

 

the current year and a per-credit payment that does not exceed 3 times the average

 

community college in-district per-credit tuition rate as reported on August 1 for the

 

immediately preceding academic year.

 

       (d) For persons enrolled at a Michigan independent, nonprofit degree-granting


college or university, or a Michigan federal tribally controlled community college, or

 

Focus: HOPE, the department shall pay mandatory fees for the current year and a per-

 

credit payment that does not exceed the average community college in-district per-

 

credit tuition rate as reported on August 1, for the immediately preceding academic

 

year.

 

       (7) A person participating in phase II may be eligible for additional funds not

 

to exceed $500.00 per semester or $400.00 per term up to a maximum of $2,000.00

 

subject to the following conditions:

 

       (a) Credits are earned in a 4-year program at a Michigan degree-granting 4-year

 

college or university.

 

       (b) The tuition reimbursement is for coursework completed within 30 months of

 

completion of the phase I requirements.

 

       (8) The department shall work closely with participating institutions to develop

 

an application and eligibility determination process that will provide the highest

 

level of participation and ensure that all requirements of the program are met.

 

       (9) Applications for the tuition incentive program may be approved at any time

 

after the student begins the sixth grade. If a determination of financial eligibility

 

is made, that determination is valid as long as the student meets all other program

 

requirements and conditions.

 

       (10) Each institution shall ensure that all known available restricted grants for

 

tuition and fees are used prior to billing the tuition incentive program for any

 

portion of a student's tuition and fees.

 

       (11) The department shall ensure that the tuition incentive program is well

 

publicized and that eligible Medicaid clients are provided information on the program.

 

The department shall provide the necessary funding and staff to fully operate the

 

program.

 

       (12) Any unexpended and unencumbered funds remaining on September 30, 2018 from


the amounts appropriated in section 236 for the tuition incentive program for fiscal

 

year 2017-2018 do not lapse on September 30, 2018, but continue to be available for

 

expenditure for tuition incentive program funds provided in the 2018-2019 fiscal year

 

under a work project account. The use of these unexpended fiscal year 2017-2018 funds

 

terminates at the end of the 2018-2019 fiscal year.

 

       (12) (13) The department of treasury shall collaborate with the center to use the

 

P-20 longitudinal data system to report the following information for each qualified

 

postsecondary institution:

 

       (a) The number of phase I students in the most recently completed academic year

 

who in any academic year received a tuition incentive program award and who

 

successfully completed a degree or certificate program. Cohort graduation rates for

 

phase I students shall be calculated using the established success rate methodology

 

developed by the center in collaboration with the postsecondary institutions.

 

       (b) The number of students in the most recently completed academic year who in

 

any academic year received a Pell grant at the reporting institution and who

 

successfully completed a degree or certificate program. Cohort graduation rates for

 

students who received Pell grants shall be calculated using the established success

 

rate methodology developed by the center in collaboration with the postsecondary

 

institutions.

 

       (13) (14) If a qualified postsecondary institution does not report the data

 

necessary to comply with subsection (13) (12) to the P-20 longitudinal data system,

 

the institution shall report, in a form and manner satisfactory to the department of

 

treasury and the center, all of the information needed to comply with subsection (13)

 

(12) by December 1, 2017 2019.

 

       (14) (15) Beginning in fiscal year 2018-2019 2019-2020, if a qualified

 

postsecondary institution does not report the data necessary to complete the reporting

 

in subsection (13) (12) to the P-20 longitudinal data system by October 15 for the


prior academic year, the department of treasury shall not award phase I tuition

 

incentive program funding to otherwise eligible students enrolled in that institution

 

until the data are submitted.

 

       Sec. 263. (1) Included in the appropriation in section 236 for fiscal year 2017-

 

2018 2018-2019 for MSU AgBioResearch is $2,982,900.00 and included in the

 

appropriation in section 236 for MSU Extension is $2,645,200.00 for Project GREEEN.

 

Project GREEEN is intended to address critical regulatory, food safety, economic, and

 

environmental problems faced by this state's plant-based agriculture, forestry, and

 

processing industries. "GREEEN" is an acronym for Generating Research and Extension to

 

Meet Environmental and Economic Needs.

 

       (2) The department of agriculture and rural development and Michigan State

 

University, in consultation with agricultural commodity groups and other interested

 

parties, shall develop Project GREEEN and its program priorities.

 

       Sec. 264. Included in the appropriation in section 236 for fiscal year 2017-2018

 

2018-2019 for Michigan State University is $80,000.00 for the Michigan Future Farmers

 

of America Association. This $80,000.00 allocation shall not supplant any existing

 

support that Michigan State University provides to the Michigan Future Farmers of

 

America Association.

 

       Sec. 265. (1) Payments under section 265a for performance funding shall only be

 

made to a public university that certifies to the state budget director by August 31,

 

2017 2018 that its board did not adopt an increase in tuition and fee rates for

 

resident undergraduate students after September 1, 2016 2017 for the 2016-2017 2017-

 

2018 academic year and that its board will not adopt an increase in tuition and fee

 

rates for resident undergraduate students for the 2017-2018 2018-2019 academic year

 

that is greater than 3.8% or $475.00 $490.00, whichever is greater. As used in this

 

subsection:

 

       (a) "Fee" means any board-authorized fee that will be paid by more than 1/2 of


all resident undergraduate students at least once during their enrollment at a public

 

university, as described in the higher education institutional data inventory (HEIDI)

 

user manual. A university increasing a fee that applies to a specific subset of

 

students or courses shall provide sufficient information to prove that the increase

 

applied to that subset will not cause the increase in the average amount of board-

 

authorized total tuition and fees paid by resident undergraduate students in the 2017-

 

2018 2018-2019 academic year to exceed the limit established in this subsection.

 

       (b) "Tuition and fee rate" means the average of full-time rates paid by a

 

majority of students in each undergraduate class, based on an unweighted average of

 

the rates authorized by the university board and actually charged to students,

 

deducting any uniformly rebated or refunded amounts, for the 2 semesters with the

 

highest levels of full-time equated resident undergraduate enrollment during the

 

academic year, as described in the higher education institutional data inventory

 

(HEIDI) user manual.

 

       (c) For purposes of subdivision (a), for a public university that compels

 

resident undergraduate students to be covered by health insurance as a condition to

 

enroll at the university, "fee" includes the annual amount a student is charged for

 

coverage by the university-affiliated group health insurance policy if he or she does

 

not provide proof that he or she is otherwise covered by health insurance. This

 

subdivision does not apply to limited subsets of resident undergraduate students to be

 

covered by health insurance for specific reasons other than general enrollment at the

 

university.

 

       (2) The state budget director shall implement uniform reporting requirements to

 

ensure that a public university receiving a payment under section 265a for performance

 

funding has satisfied the tuition restraint requirements of this section. The state

 

budget director shall have the sole authority to determine if a public university has

 

met the requirements of this section. Information reported by a public university to


the state budget director under this subsection shall also be reported to the house

 

and senate appropriations subcommittees on higher education and the house and senate

 

fiscal agencies.

 

       (3) Universities that exceed the tuition and fee rate cap described in subsection

 

(1) shall not receive a planning or construction authorization for a state-funded

 

capital outlay project in fiscal year 2018-2019 or fiscal year 2019-2020.

 

       (4) Notwithstanding any other provision of this act, the legislature may at any

 

time adjust appropriations for a university that adopts an increase in tuition and fee

 

rates for resident undergraduate students that exceeds the rate cap established in

 

subsection (1).

 

       Sec. 265a. (1) Appropriations to public universities in section 236 for fiscal

 

year 2017-2018 2018-2019 for performance funding shall be paid only to a public

 

university that complies with section 265 and certifies to the state budget director,

 

the house and senate appropriations subcommittees on higher education, and the house

 

and senate fiscal agencies by August 31, 2017 2018 that it complies with all of the

 

following requirements:

 

       (a) The university participates in reverse transfer agreements described in

 

section 286 with at least 3 Michigan community colleges.

 

       (b) The university does not and will not consider whether dual enrollment credits

 

earned by an incoming student were utilized towards his or her high school graduation

 

requirements when making a determination as to whether those credits may be used by

 

the student toward completion of a university degree or certificate program.

 

       (c) The university actively participates in and submits timely updates to the

 

Michigan Transfer Network created as part of the Michigan Association of Collegiate

 

Registrars and Admissions Officers transfer agreement.

 

       (2) Any performance funding amounts under section 236 that are not paid to a

 

public university because it did not comply with 1 or more requirements under


subsection (1) are unappropriated and reappropriated for performance funding to those

 

public universities that meet the requirements under subsection (1), distributed in

 

proportion to their performance funding appropriation amounts under section 236.

 

       (3) The state budget director shall report to the house and senate appropriations

 

subcommittees on higher education and the house and senate fiscal agencies by

 

September 30, 2017 2018, regarding any performance funding amounts that are not paid

 

to a public university because it did not comply with 1 or more requirements under

 

subsection (1) and any reappropriation of funds under subsection (2).

 

       (4) Performance funding amounts described in section 236 are distributed based on

 

the following formula:

 

       (a) Proportional to each university's share of total operations funding

 

appropriated in fiscal year 2010-2011, 50%.

 

       (b) Based on weighted undergraduate completions in critical skills areas, 11.1%.

 

FOR FISCAL YEAR 2018-2019, THE WEIGHTING FOR CERTIFICATES AND ASSOCIATE DEGREES IN

 

CRITICAL SKILLS AREAS IS INCREASED.

 

       (c) Based on research and development expenditures, for universities classified

 

in Carnegie classifications as doctoral universities: moderate research activity,

 

doctoral universities: higher research activity, or doctoral universities: highest

 

research activity only, 5.6%.

 

       (d) Based on 6-year graduation rate, total degree completions, and institutional

 

support as a percentage of core expenditures, and the percentage of students receiving

 

Pell grants, scored against national Carnegie classification peers and weighted by

 

total undergraduate fiscal year equated students, 33.3%.

 

       (5) For purposes of determining the score of a university under subsection

 

(4)(d), each university is assigned 1 of the following scores:

 

       (a) A university classified as in the top 20%, a score of 3.

 

       (b) A university classified as above national median, a score of 2.


       (c) A university classified as improving, a score of 2. It is the intent of the

 

legislature that, beginning in the 2018-2019 state fiscal year, a university

 

classified as improving is assigned a score of 1.

 

       (d) A university that is not included in subdivision (a), (b), or (c), a score of

 

0.

 

       (6) As used in this section, "Carnegie classification" means the basic

 

classification of the university according to the most recent version of the Carnegie

 

classification of institutions of higher education, published by the Carnegie

 

Foundation for the Advancement of Teaching.

 

       (7) It is the intent of the legislature to allocate more funding based on

 

performance metrics in future years.

 

       SEC. 265B. BY FEBRUARY 1, 2019, THE MICHIGAN COMMUNITY COLLEGE ASSOCIATION, THE

 

MICHIGAN ASSOCIATION OF STATE UNIVERSITIES, AND THE MICHIGAN INDEPENDENT COLLEGES AND

 

UNIVERSITIES, ON BEHALF OF THEIR MEMBER COLLEGES AND UNIVERSITIES, SHALL SUBMIT TO THE

 

SENATE AND HOUSE APPROPRIATIONS SUBCOMMITTEES ON HIGHER EDUCATION, THE SENATE AND

 

HOUSE APPROPRIATIONS SUBCOMMITTEES ON COMMUNITY COLLEGES, THE SENATE AND HOUSE FISCAL

 

AGENCIES, AND THE STATE BUDGET DIRECTOR A COMPREHENSIVE REPORT DETAILING THE NUMBER OF

 

ACADEMIC PROGRAM PARTNERSHIPS BETWEEN PUBLIC COMMUNITY COLLEGES, PUBLIC UNIVERSITIES,

 

AND PRIVATE COLLEGES AND UNIVERSITIES, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING

 

INFORMATION:

 

       (A) THE NAMES OF THE BACCALAUREATE DEGREE PROGRAMS OF STUDY OFFERED BY PUBLIC AND

 

PRIVATE UNIVERSITIES ON COMMUNITY COLLEGE CAMPUSES.

 

       (B) THE NAMES OF THE ARTICULATION AGREEMENTS FOR BACCALAUREATE DEGREE PROGRAMS OF

 

STUDY BETWEEN PUBLIC COMMUNITY COLLEGES, PUBLIC UNIVERSITIES, AND PRIVATE COLLEGES AND

 

UNIVERSITIES.

 

       (C) THE NUMBER OF STUDENTS ENROLLED AND NUMBER OF DEGREES AWARDED THROUGH

 

ARTICULATION AGREEMENTS, AND THE NUMBER OF COURSES OFFERED, NUMBER OF STUDENTS


ENROLLED, AND NUMBER OF DEGREES AWARDED THROUGH ON-CAMPUS PROGRAMS NAMED IN

 

SUBDIVISION (A) FROM JULY 1, 2017 THROUGH JUNE 30, 2018.

 

       Sec. 267. All public universities shall submit the amount of tuition and fees

 

actually charged to a full-time resident undergraduate student for academic year 2017-

 

2018 2018-2019 as part of their higher education institutional data inventory (HEIDI)

 

data by August 31 of each year. A public university shall report any revisions for any

 

semester of the reported academic year 2017-2018 2018-2019 tuition and fee charges to

 

HEIDI within 15 days of being adopted.

 

       Sec. 268. (1) For the fiscal year ending September 30, 2018, it is the intent of

 

the legislature that funds be allocated for unfunded North American Indian tuition

 

waiver costs incurred by public universities under 1976 PA 174, MCL 390.1251 to

 

390.1253, from the general fund.

 

       (2) Appropriations in section 236(7)(f) for North American Indian tuition waivers

 

shall be paid to universities under section 2a of 1976 PA 174, MCL 390.1252a.

 

Allocations shall be adjusted for amounts included in university operations

 

appropriations. If funds are insufficient to support the entire cost of waivers,

 

amounts shall be prorated proportionate to each institution's shortfall as a

 

percentage of its fiscal year 2017-2018 state appropriation for operations.

 

       (1) (3) By February 15 of each year, the department of civil rights shall

 

annually submit to the state budget director, the house and senate appropriations

 

subcommittees on higher education, and the house and senate fiscal agencies a report

 

on North American Indian tuition waivers for the preceding academic year that

 

includes, but is not limited to, all of the following information:

 

       (a) The number of waiver applications received and the number of waiver

 

applications approved.

 

       (b) For each university submitting information under subsection (4), (2), all of

 

the following:


       (i) The number of graduate and undergraduate North American Indian students

 

enrolled each term for the previous academic year.

 

       (ii) The number of North American Indian waivers granted each term, including to

 

continuing education students, and the monetary value of the waivers for the previous

 

academic year.

 

       (iii) The number of graduate and undergraduate students attending under a North

 

American Indian tuition waiver who withdrew from the university each term during the

 

previous academic year. For purposes of this subparagraph, a withdrawal occurs when a

 

student who has been awarded the waiver withdraws from the institution at any point

 

during the term, regardless of enrollment in subsequent terms.

 

       (iv) The number of graduate and undergraduate students attending under a North

 

American Indian tuition waiver who successfully complete a degree or certificate

 

program, separated by degree or certificate level, and the graduation rate for

 

graduate and undergraduate students attending under a North American Indian tuition

 

waiver who complete a degree or certificate within 150% of the normal time to

 

complete, separated by the level of the degree or certificate.

 

       (2) (4) A public university that receives funds under section 236 shall provide

 

to the department of civil rights any information necessary for preparing the report

 

detailed in subsection (3), (1), using guidelines and procedures developed by the

 

department of civil rights.

 

       (3) (5) The department of civil rights may consolidate the report required under

 

this section with the report required under section 223, but a consolidated report

 

must separately identify data for universities and data for community colleges.

 

       Sec. 269. For fiscal year 2017-2018 2018-2019, from the amount appropriated in

 

section 236 to Central Michigan University for operations, $29,700.00 shall be paid to

 

Saginaw Chippewa Tribal College for the costs of waiving tuition for North American

 

Indians under 1976 PA 174, MCL 390.1251 to 390.1253.


       Sec. 270. For fiscal year 2017-2018, 2018-2019, from the amount appropriated in

 

section 236 to Lake Superior State University for operations, $100,000.00 shall be

 

paid to Bay Mills Community College for the costs of waiving tuition for North

 

American Indians under 1976 PA 174, MCL 390.1251 to 390.1253.

 

       Sec. 274c. By February 1, 2018, 2019, each university receiving funds under

 

section 236 shall report to the senate and house appropriations subcommittees on

 

higher education, the senate and house fiscal agencies, and the state budget director

 

on its efforts to develop and implement sexual assault response training for the

 

university's title IX coordinator, campus law enforcement personnel, campus public

 

safety personnel, and any other campus personnel charged with responding to on-campus

 

incidents, including information on sexual assault response training materials and the

 

status of implementing sexual assault response training for campus personnel.

 

       Sec. 276. (1) Included in the appropriation for fiscal year 2017-2018 2018-2019

 

for each public university in section 236 is funding for the Martin Luther King, Jr. -

 

Cesar Chavez - Rosa Parks future faculty program that is intended to increase the pool

 

of academically or economically disadvantaged candidates pursuing faculty teaching

 

careers in postsecondary education. Preference may not be given to applicants on the

 

basis of race, color, ethnicity, gender, or national origin. Institutions should

 

encourage applications from applicants who would otherwise not adequately be

 

represented in the graduate student and faculty populations. Each public university

 

shall apply the percentage change applicable to every public university in the

 

calculation of appropriations in section 236 to the amount of funds allocated to the

 

future faculty program.

 

       (2) The program shall be administered by each public university in a manner

 

prescribed by the workforce development agency. The workforce development agency shall

 

use a good faith effort standard to evaluate whether a fellowship is in default.

 

       Sec. 277. (1) Included in the appropriation for fiscal year 2017-2018 2018-2019


for each public university in section 236 is funding for the Martin Luther King, Jr. -

 

Cesar Chavez - Rosa Parks college day program that is intended to introduce

 

academically or economically disadvantaged schoolchildren to the potential of a

 

college education. Preference may not be given to participants on the basis of race,

 

color, ethnicity, gender, or national origin. Public universities should encourage

 

participation from those who would otherwise not adequately be represented in the

 

student population.

 

       (2) Individual program plans of each public university shall include a budget of

 

equal contributions from this program, the participating public university, the

 

participating school district, and the participating independent degree-granting

 

college. College day funds shall not be expended to cover indirect costs. Not more

 

than 20% of the university match shall be attributable to indirect costs. Each public

 

university shall apply the percentage change applicable to every public university in

 

the calculation of appropriations in section 236 to the amount of funds allocated to

 

the college day program.

 

       (3) The program described in this section shall be administered by each public

 

university in a manner prescribed by the workforce development agency.

 

       Sec. 278. (1) Included in section 236 for fiscal year 2017-2018 2018-2019 is

 

funding for the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks select student

 

support services program for developing academically or economically disadvantaged

 

student retention programs for 4-year public and independent educational institutions

 

in this state. Preference may not be given to participants on the basis of race,

 

color, ethnicity, gender, or national origin. Institutions should encourage

 

participation from those who would otherwise not adequately be represented in the

 

student population.

 

       (2) An award made under this program to any 1 institution shall not be greater

 

than $150,000.00, and the amount awarded shall be matched on a 70% state, 30% college


or university basis.

 

       (3) The program described in this section shall be administered by the workforce

 

development agency.

 

       Sec. 279. (1) Included in section 236 for fiscal year 2017-2018 2018-2019 is

 

funding for the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks college/university

 

partnership program between 4-year public and independent colleges and universities

 

and public community colleges, which is intended to increase the number of

 

academically or economically disadvantaged students who transfer from community

 

colleges into baccalaureate programs. Preference may not be given to participants on

 

the basis of race, color, ethnicity, gender, or national origin. Institutions should

 

encourage participation from those who would otherwise not adequately be represented

 

in the transfer student population.

 

       (2) The grants shall be made under the program described in this section to

 

Michigan public and independent colleges and universities. An award to any 1

 

institution shall not be greater than $150,000.00, and the amount awarded shall be

 

matched on a 70% state, 30% college or university basis.

 

       (3) The program described in this section shall be administered by the workforce

 

development agency.

 

       Sec. 280. (1) Included in the appropriation for fiscal year 2017-2018 2018-2019

 

for each public university in section 236 is funding for the Martin Luther King, Jr. -

 

Cesar Chavez - Rosa Parks visiting professors program which is intended to increase

 

the number of instructors in the classroom to provide role models for academically or

 

economically disadvantaged students. Preference may not be given to participants on

 

the basis of race, color, ethnicity, gender, or national origin. Public universities

 

should encourage participation from those who would otherwise not adequately be

 

represented in the student population.

 

       (2) The program described in this section shall be administered by the workforce


development agency.

 

       Sec. 281. (1) Included in the appropriation for fiscal year 2017-2018 2018-2019

 

in section 236 is funding under the Martin Luther King, Jr. - Cesar Chavez - Rosa

 

Parks initiative for the Morris Hood, Jr. educator development program which is

 

intended to increase the number of academically or economically disadvantaged students

 

who enroll in and complete K-12 teacher education programs at the baccalaureate level.

 

Preference may not be given to participants on the basis of race, color, ethnicity,

 

gender, or national origin. Institutions should encourage participation from those who

 

would otherwise not adequately be represented in the teacher education student

 

population.

 

       (2) The program described in this section shall be administered by each state-

 

approved teacher education institution in a manner prescribed by the workforce

 

development agency.

 

       (3) Approved teacher education institutions may and are encouraged to use student

 

support services funding in coordination with the Morris Hood, Jr. funding to achieve

 

the goals of the program described in this section.

 

       Sec. 282. Each institution receiving funds for fiscal year 2017-2018 2018-2019

 

under section 278, 279, or 281 shall provide to the workforce development agency by

 

April 15, 2018 2019 the unobligated and unexpended funds as of March 31, 2018 2019 and

 

a plan to expend the remaining funds by the end of the fiscal year. Notwithstanding

 

the award limitations in sections 278 and 279, the amount of funding reported as not

 

being expended will be reallocated to the institutions that intend to expend all

 

funding received under section 278, 279, or 281.

 

       Sec. 289. (1) The auditor general shall periodically NOT LESS THAN EVERY FOUR

 

YEARS audit higher education institutional data inventory (HEIDI) data submitted by

 

all public universities under section 241 and may perform audits of selected public

 

universities if determined necessary. The audits shall be based upon the definitions,


requirements, and uniform reporting categories established by the state budget

 

director in consultation with the HEIDI advisory committee. The auditor general shall

 

submit a report of findings to the house and senate appropriations committees and the

 

state budget director no later than July 1 of each year an audit takes place.

 

       (2) Student credit hours reports shall not include the following:

 

       (a) Student credit hours generated through instructional activity by faculty or

 

staff in classrooms located outside Michigan, with the exception of instructional

 

activity related to study-abroad programs or field programs.

 

       (b) Student credit hours generated through distance learning instruction for

 

students not eligible for the public university's in-state main campus resident

 

tuition rate. However, in instances where a student is enrolled in distance education

 

and non-distance education credit hours in a given term and the student's non-distance

 

education enrollment is at a campus or site located within Michigan, student credit

 

hours per the student's eligibility for in-state or out-of-state tuition rates may be

 

reported.

 

       (c) Student credit hours generated through credit by examination.

 

       (d) Student credit hours generated through inmate prison programs regardless of

 

teaching location.

 

       (e) Student credit hours generated in new degree programs created on or after

 

January 1, 1975 and before January 1, 2013, that were not specifically authorized for

 

funding by the legislature, except spin-off programs converted from existing core

 

programs, and student credit hours generated in any new degree programs created after

 

January 1, 2013, that are specifically excluded from reporting by the legislature

 

under this section.

 

       (3) "Distance learning instruction" as used in subsection (2) means instruction

 

that occurs solely in other than a traditional classroom setting where the student and

 

instructor are in the same physical location and for which a student receives course


credits and is charged tuition and fees. Examples of distance learning instruction are

 

instruction delivered solely through the internet, cable television, teleconference,

 

or mail.


ARTICLE IV

 

GENERAL PROVISIONS

 

       Sec. 296. (1) If the maximum amount appropriated under this act from the state

 

school aid fund for a fiscal year exceeds the amount necessary to fully fund

 

allocations under this act from the state school aid fund, that excess amount shall

 

not be expended in that state fiscal year and shall not lapse to the general fund, but

 

instead shall be deposited into the school aid stabilization fund created in section

 

11a.

 

       (2) If the total maximum amount appropriated under all articles of this act from

 

the state school aid fund and the school aid stabilization fund exceeds the amount

 

available for expenditure from the state school aid fund for that fiscal year,

 

payments under sections 11f, 11g, 11j, 22a, 26a, 26b, 31d, 31f, 51a(2), 51a(12), 51c,

 

53a, 56, 147C, and 152a shall be made in full. In addition, for districts beginning

 

operations after 1994-95 that qualify for payments under section 22b, payments under

 

section 22b shall be made so that the qualifying districts receive the lesser of an

 

amount equal to the 1994-95 foundation allowance of the district in which the district

 

beginning operations after 1994-95 is located or $5,500.00. The amount of the payment

 

to be made under section 22b for these qualifying districts shall be as calculated

 

under section 22a, with the balance of the payment under section 22b being subject to

 

the proration otherwise provided under this subsection and subsection (3). If

 

proration is necessary, state payments under each of the other sections of article I

 

from all state funding sources, and state appropriations to community colleges and

 

public universities under articles II and III from the state school aid fund, shall be

 

prorated in the manner prescribed in subsection (3) as necessary to reflect the amount

 

available for expenditure from the state school aid fund for the affected fiscal year.

 

However, if the department of treasury determines that proration will be required

 

under this subsection, or if the department of treasury determines that further


proration is required under this subsection after an initial proration has already

 

been made for a fiscal year, the department of treasury shall notify the state budget

 

director, and the state budget director shall notify the legislature at least 30

 

calendar days or 6 legislative session days, whichever is more, before the department

 

reduces any payments under this act because of the proration. During the 30-calendar-

 

day or 6-legislative-session-day period after that notification by the state budget

 

director, the department shall not reduce any payments under this act because of

 

proration under this subsection. The legislature may prevent proration from occurring

 

by, within the 30-calendar-day or 6-legislative-session-day period after that

 

notification by the state budget director, enacting legislation appropriating

 

additional funds from the general fund, countercyclical budget and economic

 

stabilization fund, state school aid fund balance, or another source to fund the

 

amount of the projected shortfall.

 

       (3) If proration is necessary under subsection (2), the department shall

 

calculate the proration in district and intermediate district payments under article I

 

that is required under subsection (2), and the department of treasury shall calculate

 

the proration in community college and public university payments under articles II

 

and III that is required under subsection (2), as follows:

 

       (a) The department and the department of treasury shall calculate the percentage

 

of total state school aid fund money that is appropriated and allocated under this act

 

for the affected fiscal year for each of the following:

 

       (i) Districts.

 

       (ii) Intermediate districts.

 

       (iii) Entities receiving funding from the state school aid fund under article I

 

other than districts or intermediate districts.

 

       (iv) Community colleges and public universities that receive funding from the

 

state school aid fund.


       (b) The department shall recover a percentage of the proration amount required

 

under subsection (2) that is equal to the percentage calculated under subdivision

 

(a)(i) for districts by reducing payments to districts. This reduction shall be made

 

by calculating an equal dollar amount per pupil as necessary to recover this

 

percentage of the proration amount and reducing each district's total state school aid

 

from state sources, other than payments under sections 11f, 11g, 11j, 22a, 26a, 26b,

 

31d, 31f, 51a(2), 51a(12), 51c, 53a, 147C, and 152a, by that amount.

 

       (c) The department shall recover a percentage of the proration amount required

 

under subsection (2) that is equal to the percentage calculated under subdivision

 

(a)(ii) for intermediate districts by reducing payments to intermediate districts.

 

This reduction shall be made by reducing the payments to each intermediate district,

 

other than payments under sections 11f, 11g, 26a, 26b, 51a(2), 51a(12), 53a, 56, 147C,

 

and 152a, on an equal percentage basis.

 

       (d) The department shall recover a percentage of the proration amount required

 

under subsection (2) that is equal to the percentage calculated under subdivision

 

(a)(iii) for entities receiving funding from the state school aid fund under article I

 

other than districts and intermediate districts by reducing payments to these

 

entities. This reduction shall be made by reducing the payments to each of these

 

entities, other than payments under sections 11j, 26a, and 26b, on an equal percentage

 

basis.

 

       (e) The department of treasury shall recover a percentage of the proration amount

 

required under subsection (2) that is equal to the percentage calculated under

 

subdivision (a)(iv) for community colleges and public universities that receive

 

funding from the state school aid fund by reducing that portion of the payments under

 

articles II and III, OTHER THAN THOSE PAYMENTS UNDER SECTION 201(5) AND 236(4) OF

 

THESE ARTICLES, to these community colleges and public universities that is from the

 

state school aid fund on an equal percentage basis.


ARTICLE V

 

SUMMARY OF APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS

 

       SEC. 298. (1) SUBJECT TO THE CONDITIONS SET FORTH IN THIS ACT, THE AMOUNTS LISTED

 

IN THIS SECTION FOR THE PUBLIC SCHOOLS, INTERMEDIATE SCHOOL DISTRICTS, COMMUNITY

 

COLLEGES AND PUBLIC UNIVERSITIES OF THIS STATE, AND CERTAIN OTHER STATE PURPOSES

 

RELATING TO EDUCATION ARE A SUMMARY OF APPROPRIATIONS CONTAINED IN THIS ACT FOR FISCAL

 

YEAR ENDING SEPTEMBER 30, 2019 AND ANTICIPATED APPROPRIATIONS FOR THE FISCAL YEAR

 

ENDING SEPTEMBER 30, 2020, FROM THE FUNDS INDICATED IN THIS ACT:

 

       (2) SUMMARY OF EDUCATION OMNIBUS APPROPRIATIONS

 

GROSS APPROPRIATION......................................   $ 16,699,916,900 $ 16,698,233,800

 

  TOTAL INTERDEPARTMENTAL GRANTS AND

 

   INTRADEPARTMENTAL TRANSFERS...........................                  0                 0

 

  ADJUSTED GROSS APPROPRIATION............................   $ 16,699,916,900  $ 16,698,233,800

 

  TOTAL FEDERAL REVENUES..................................      1,837,769,900     1,832,769,900

 

  TOTAL LOCAL REVENUES....................................                  0                 0

 

  TOTAL PRIVATE REVENUES..................................                  0                 0

 

  TOTAL OTHER STATE RESTRICTED REVENUES...................     13,656,929,100    13,660,246,600

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $  1,205,217,900  $  1,205,217,900

 

       SEC. 298A. (1) SUMMARY OF APPROPRIATIONS FOR SCHOOL AID (ARTICLE I)

 

APPROPRIATION SUMMARY

 

GROSS APPROPRIATION......................................   $ 14,635,968,800  $ 14,630,585,700

 

  TOTAL INTERDEPARTMENTAL GRANTS AND

 

   INTRADEPARTMENTAL TRANSFERS...........................                  0                 0

 

  ADJUSTED GROSS APPROPRIATION............................   $ 14,635,968,800  $ 14,630,585,700

 

  TOTAL FEDERAL REVENUES..................................      1,724,743,500     1,719,743,500

 

  TOTAL LOCAL REVENUES....................................                  0                 0

 

  TOTAL PRIVATE REVENUES..................................                  0                 0


  TOTAL OTHER STATE RESTRICTED REVENUES...................     12,866,225,300    12,865,842,200

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $     45,000,000  $     45,000,000

 

       (2) BASIC OPERATIONS

 

  PROPOSAL A OBLIGATION PAYMENT...........................   $  5,048,000,000  $  4,985,000,000

 

  DISCRETIONARY PAYMENT...................................      4,228,600,000     4,219,000,000

 

  MICHIGAN PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM

 

    REFORM COSTS..........................................      1,258,439,000     1,308,439,000

 

  ISD GENERAL OPERATIONS..................................         67,108,000        67,108,000

 

  SHARED TIME PUPILS......................................         64,100,000        64,100,000

 

  HOLD HARMLESS PROVISION.................................         18,000,000        18,000,000

 

  ISOLATED DISTRICT FUNDING...............................          5,000,000        5,000,000

 

   GROSS APPROPRIATION...................................   $ 10,689,247,000  $ 10,666,647,000

 

     APPROPRIATED FROM:

 

  STATE RESTRICTED REVENUES...............................    10,678,371,200    10,652,541,200

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $     10,875,800  $     14,105,800

 

       (3) SPECIAL EDUCATION

 

  SPECIAL EDUCATION HEADLEE OBLIGATION....................   $    650,600,000  $    665,000,000

 

  SPECIAL EDUCATION FOUNDATIONS...........................        272,100,000       278,000,000

 

  SPECIAL EDUCATION MILLAGE EQUALIZATION..................         37,758,100        37,758,100

 

  SPECIAL EDUCATION COURT PLACED FTES.....................         10,500,000        10,500,000

 

  EARLY ON................................................          5,000,000         5,000,000

 

  SPECIAL EDUCATION NON-SEC. 52 PAYMENT...................          3,400,000         3,200,000

 

  SPECIAL EDUCATION RULE CHANGE...........................          2,200,000         2,200,000

 

  MICHIGAN SCHOOLS FOR THE DEAF AND BLIND.................          1,688,000         1,688,000

 

  INTEGRATED BEHAVIOR AND LEARNING SUPPORT (MIBLSI).......          1,600,000         1,600,000

 

  SPECIAL EDUCATION HOLD HARMLESS PAYMENT.................          1,100,000         1,100,000

 

  SPECIAL EDUCATION MONITORING............................            500,000           500,000


  SPECIAL EDUCATION TASKFORCE RECOMMENDATIONS.............            500,000           500,000

 

   SPECIAL EDUCATION FEDERAL PROGRAMS....................        431,000,000       431,000,000

 

  GROSS APPROPRIATION.....................................   $  1,417,946,100  $  1,438,046,100

 

     APPROPRIATED FROM:

 

  FEDERAL REVENUES........................................        431,000,000       431,000,000

 

  STATE RESTRICTED REVENUES...............................        984,346,100     1,004,446,100

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $      2,600,000  $      2,600,000

 

       (4) SUPPORT SERVICES

 

  AT-RISK PROGRAMS........................................   $    499,000,000  $    499,000,000

 

  ADULT EDUCATION.........................................         27,000,000        27,000,000

 

  EARLY LITERACY GRANTS...................................         20,900,000        20,900,000

 

  HIGH SCHOOL PER PUPIL PAYMENTS..........................         11,000,000        11,000,000

 

  PARTNERSHIP MODEL DISTRICTS.............................          8,000,000         6,000,000

 

  COURT-PLACED CHILDREN...................................          8,000,000         8,000,000

 

  MICHIGAN VIRTUAL UNIVERSITY.............................          7,387,500         7,387,500

 

  ADOLESCENT TEEN HEALTH CENTERS..........................          6,057,300         6,057,300

 

  EARLY LITERACY INSTRUCTIONAL COACHES....................          6,000,000         6,000,000

 

  BILINGUAL EDUCATION.....................................          6,000,000         6,000,000

 

  VISION AND HEARING SCREENINGS...........................          5,150,000         5,150,000

 

  DRINKING WATER DECLARATION OF EMERGENCY.................          3,230,100                 0

 

  BUS DRIVER SAFETY PROGRAMS..............................          2,025,000         2,025,000

 

  SCHOOL BUS INSPECTION PROGRAMS..........................          1,729,900         1,729,900

 

  CHALLENGE PROGRAM.......................................          1,545,400         1,545,400

 

  JUVENILE DETENTION FACILITY PROGRAMS....................          1,355,700         1,355,700

 

  STRICT DISCIPLINE ACADEMIES PUPIL TRANSFERS.............            750,000           750,000

 

  DROPOUT RECOVERY PROGRAMS...............................            750,000           750,000

 

  FEDERAL PROGRAMS........................................        760,600,000       755,600,000


  GROSS APPROPRIATION.....................................   $  1,376,480,900  $  1,366,250,800

 

     APPROPRIATED FROM:

 

  FEDERAL REVENUES........................................        760,600,000       755,600,000

 

  STATE RESTRICTED REVENUES...............................        605,263,400       603,263,300

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $     10,617,500  $      7,387,500

 

       (5) SCHOOL MEAL PROGRAMS

 

  SCHOOL LUNCH............................................   $    546,344,000  $    546,691,000

 

  SCHOOL BREAKFAST........................................          4,500,000         4,500,000

 

  GROSS APPROPRIATION.....................................   $    550,844,000  $    551,191,000

 

     APPROPRIATED FROM:

 

  FEDERAL REVENUES........................................        523,200,000       523,200,000

 

  STATE RESTRICTED REVENUES...............................         27,644,000        27,991,000

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $              0  $              0

 

       (6) EARLY CHILDHOOD EDUCATION

 

  GREAT START READINESS PROGRAM...........................   $    243,900,000  $    243,900,000

 

  GREAT START EARLY CHILDHOOD BLOCK GRANTS................         13,400,000        13,400,000

 

  GROSS APPROPRIATION.....................................   $    257,300,000  $    257,300,000

 

     APPROPRIATED FROM:

 

  STATE RESTRICTED REVENUES...............................        257,000,000       257,000,000

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $        300,000  $        300,000

 

       (7) STUDENT ASSESSMENT AND ACCOUNTABILITY

 

  DATA COLLECTION AND REPORTING COSTS.....................         38,000,500        38,000,500

 

  STUDENT ASSESSMENTS.....................................         37,259,400        37,259,400

 

  CENTER FOR EDUCATIONAL PERFORMANCE AND INFORMATION......         16,550,200        16,550,200

 

  REGIONAL DATA HUBS......................................          2,200,000         2,200,000

 

  GROSS APPROPRIATION.....................................   $     94,010,100  $     94,010,100

 

     APPROPRIATED FROM:


  FEDERAL REVENUES........................................          6,443,500         6,443,500

 

  STATE RESTRICTED REVENUES...............................         71,209,900        71,209,900

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $     16,356,700  $     16,356,700

 

       (8) DEBT SERVICE AND OTHER REQUIREMENTS

 

  SCHOOL BOND LOAN REDEMPTION FUND........................   $    125,500,000  $    125,500,000

 

  SCHOOL AID FUND BORROWING COSTS.........................   $     24,000,000  $     31,000,000

 

  RENAISSANCE ZONE REIMBURSEMENT..........................   $     15,000,000  $     15,000,000

 

  PAYMENT IN LIEU OF TAXES REIMBURSEMENT..................   $      4,405,100  $      4,405,100

 

  PROMISE ZONE PAYMENTS...................................   $       3,000,000  $      3,000,000

 

  GROSS APPROPRIATION.....................................   $    171,905,100  $    178,905,100

 

     APPROPRIATED FROM:

 

  STATE RESTRICTED REVENUES...............................        171,905,100       178,905,100

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $              0  $              0

 

       (9) COLLEGE AND CAREER READINESS

 

  VOCATIONAL EDUCATION....................................   $     36,611,300  $     36,611,300

 

  VOCATIONAL EDUCATION MILLAGE REIMBURSEMENT..............          9,190,000         9,190,000

 

  MISTEM NETWORK REGIONS..................................          8,084,300         8,084,300

 

  CTE AND EARLY MIDDLE COLLEGE PROGRAMS...................          8,000,000         8,000,000

 

  CTE PER PUPIL FUNDING...................................          5,000,000         5,000,000

 

  MICHIGAN COLLEGE ACCESS NETWORK.........................          3,000,000         3,000,000

 

  MISTEM COUNCIL..........................................          2,950,000         2,950,000

 

  FIRST ROBOTICS..........................................          2,500,000         2,500,000

 

  DUAL ENROLLMENT INCENTIVE PAYMENTS......................          1,750,000         1,750,000

 

  ADVANCED PLACEMENT (AP) INCENTIVE PROGRAM...............            750,000           750,000

 

  STEM EXECUTIVE DIRECTOR.................................            400,000           400,000

 

  GROSS APPROPRIATION.....................................   $     78,235,600  $     78,235,600

 

     APPROPRIATED FROM:


  FEDERAL REVENUES........................................          3,500,000         3,500,000

 

  STATE RESTRICTED REVENUES...............................         70,485,600        70,485,600

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $      4,250,000  $      4,250,000

 

     SEC. 298B. (1) SUMMARY OF APPROPRIATIONS FOR COMMUNITY COLLEGES (ARTICLE II)

 

APPROPRIATION SUMMARY

 

GROSS APPROPRIATION......................................   $    405,015,500  $    407,715,500

 

  TOTAL INTERDEPARTMENTAL GRANTS AND

 

   INTRADEPARTMENTAL TRANSFERS...........................                  0                 0

 

  ADJUSTED GROSS APPROPRIATION............................   $    405,015,500  $    407,715,500

 

  TOTAL FEDERAL REVENUES..................................                  0                 0

 

  TOTAL LOCAL REVENUES....................................                  0                 0

 

  TOTAL PRIVATE REVENUES..................................                  0                 0

 

  TOTAL OTHER STATE RESTRICTED REVENUES...................        405,015,500       407,715,500

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $              0  $              0

 

       (2) OPERATIONS

 

       (A) ALPENA COMMUNITY COLLEGE

 

  OPERATIONS..............................................   $      5,627,500  $      5,627,500

 

  PERFORMANCE FUNDING.....................................                  0                 0

 

  GROSS APPROPRIATION.....................................   $      5,627,500  $      5,627,500

 

       (B) BAY DE NOC COMMUNITY COLLEGE

 

  OPERATIONS..............................................   $      5,589,000  $      5,589,000

 

  PERFORMANCE FUNDING.....................................                  0                 0

 

  GROSS APPROPRIATION.....................................   $      5,589,000  $      5,589,000

 

       (C) DELTA COLLEGE

 

  OPERATIONS..............................................   $     14,990,700  $     14,990,700

 

  PERFORMANCE FUNDING.....................................                  0                 0

 

  GROSS APPROPRIATION.....................................   $     14,990,700  $     14,990,700


       (D) GLEN OAKS COMMUNITY COLLEGE

 

  OPERATIONS..............................................   $      2,601,400  $      2,601,400

 

  PERFORMANCE FUNDING.....................................                  0                 0

 

  GROSS APPROPRIATION.....................................   $      2,601,400  $      2,601,400

 

       (E) GOGEBIC COMMUNITY COLLEGE

 

  OPERATIONS..............................................   $      4,715,400  $      4,715,400

 

  PERFORMANCE FUNDING.....................................                  0                 0

 

  GROSS APPROPRIATION.....................................   $      4,715,400  $      4,715,400

 

       (F) GRAND RAPIDS COMMUNITY COLLEGE

 

  OPERATIONS..............................................   $     18,556,800  $     18,556,800

 

  PERFORMANCE FUNDING.....................................                  0                 0

 

  GROSS APPROPRIATION.....................................   $     18,556,800  $     18,556,800

 

       (G) HENRY FORD COLLEGE

 

  OPERATIONS..............................................   $     22,299,200  $     22,299,200

 

  PERFORMANCE FUNDING.....................................                  0                 0

 

  GROSS APPROPRIATION.....................................   $     22,299,200  $     22,299,200

 

       (H) JACKSON COLLEGE

 

  OPERATIONS..............................................   $     12,590,100  $     12,590,100

 

  PERFORMANCE FUNDING.....................................                  0                 0

 

  GROSS APPROPRIATION.....................................   $     12,590,100  $     12,590,100

 

       (I) KALAMAZOO VALLEY COMMUNITY COLLEGE

 

  OPERATIONS..............................................   $     12,948,700  $     12,948,700

 

  PERFORMANCE FUNDING.....................................                  0                 0

 

  GROSS APPROPRIATION.....................................   $     12,948,700  $     12,948,700

 

       (J) KELLOGG COMMUNITY COLLEGE

 

  OPERATIONS..............................................   $     10,143,600  $     10,143,600

 

  PERFORMANCE FUNDING.....................................                  0                 0


  GROSS APPROPRIATION.....................................   $     10,143,600  $     10,143,600

 

       (K) KIRTLAND COMMUNITY COLLEGE

 

  OPERATIONS..............................................   $      3,298,400  $      3,298,400

 

  PERFORMANCE FUNDING.....................................                  0                 0

 

  GROSS APPROPRIATION.....................................   $      3,298,400  $      3,298,400

 

       (L) LAKE MICHIGAN COLLEGE

 

  OPERATIONS..............................................   $      5,523,600  $      5,523,600

 

  PERFORMANCE FUNDING.....................................                  0                 0

 

  GROSS APPROPRIATION.....................................   $      5,523,600  $      5,523,600

 

       (M) LANSING COMMUNITY COLLEGE

 

  OPERATIONS..............................................   $     32,324,200  $     32,324,200

 

  PERFORMANCE FUNDING.....................................                  0                 0

 

  GROSS APPROPRIATION.....................................   $     32,324,200  $     32,324,200

 

       (N) MACOMB COMMUNITY COLLEGE

 

  OPERATIONS..............................................   $     33,863,600  $     33,863,600

 

  PERFORMANCE FUNDING.....................................                  0                 0

 

  GROSS APPROPRIATION.....................................   $     33,863,600  $     33,863,600

 

       (O) MID MICHIGAN COMMUNITY COLLEGE

 

  OPERATIONS..............................................   $      4,968,900  $      4,968,900

 

  PERFORMANCE FUNDING.....................................                  0                 0

 

  GROSS APPROPRIATION.....................................   $      4,968,900  $      4,968,900

 

       (P) MONROE COUNTY COMMUNITY COLLEGE

 

  OPERATIONS..............................................   $      4,665,500  $      4,665,500

 

  PERFORMANCE FUNDING.....................................                  0                 0

 

  GROSS APPROPRIATION.....................................   $      4,665,500  $      4,665,500

 

       (Q) MONTCALM COMMUNITY COLLEGE

 

  OPERATIONS..............................................   $      3,446,300  $      3,446,300


  PERFORMANCE FUNDING.....................................                  0                 0

 

  GROSS APPROPRIATION.....................................   $      3,446,300  $      3,446,300

 

       (R) C. S. MOTT COMMUNITY COLLEGE

 

  OPERATIONS..............................................   $     16,258,100  $     16,258,100

 

  PERFORMANCE FUNDING.....................................                  0                 0

 

  GROSS APPROPRIATION.....................................   $     16,258,100  $     16,258,100

 

       (S) MUSKEGON COMMUNITY COLLEGE

 

  OPERATIONS..............................................   $      9,203,000  $      9,203,000

 

  PERFORMANCE FUNDING.....................................                  0                 0

 

  GROSS APPROPRIATION.....................................   $      9,203,000  $      9,203,000

 

       (T) NORTH CENTRAL MICHIGAN COLLEGE

 

  OPERATIONS..............................................   $      3,353,200  $      3,353,200

 

  PERFORMANCE FUNDING.....................................                  0                 0

 

  GROSS APPROPRIATION.....................................   $      3,353,200  $      3,353,200

 

       (U) NORTHWESTERN MICHIGAN COLLEGE

 

  OPERATIONS..............................................   $      9,508,900  $      9,508,900

 

  PERFORMANCE FUNDING.....................................                  0                 0

 

  GROSS APPROPRIATION.....................................   $      9,508,900  $      9,508,900

 

       (V) OAKLAND COMMUNITY COLLEGE

 

  OPERATIONS..............................................   $     21,905,700  $     21,905,700

 

  PERFORMANCE FUNDING.....................................                  0                 0

 

  GROSS APPROPRIATION.....................................   $     21,905,700  $     21,905,700

 

       (W) SCHOOLCRAFT COLLEGE

 

  OPERATIONS..............................................   $     12,991,300  $     12,991,300

 

  PERFORMANCE FUNDING.....................................                  0                 0

 

  GROSS APPROPRIATION.....................................   $     12,991,300  $     12,991,300

 

       (X) SOUTHWESTERN MICHIGAN COLLEGE


  OPERATIONS..............................................   $      6,860,700  $      6,860,700

 

  PERFORMANCE FUNDING.....................................                  0                 0

 

  GROSS APPROPRIATION.....................................   $      6,860,700  $      6,860,700

 

       (Y) ST. CLAIR COUNTY COMMUNITY COLLEGE

 

  OPERATIONS..............................................   $      7,300,100  $      7,300,100

 

  PERFORMANCE FUNDING.....................................                  0                 0

 

  GROSS APPROPRIATION.....................................   $      7,300,100  $      7,300,100

 

       (Z) WASHTENAW COMMUNITY COLLEGE

 

  OPERATIONS..............................................   $     13,631,400  $     13,631,400

 

  PERFORMANCE FUNDING.....................................                  0                 0

 

  GROSS APPROPRIATION.....................................   $     13,631,400  $     13,631,400

 

       (AA) WAYNE COUNTY COMMUNITY COLLEGE

 

  OPERATIONS..............................................   $     17,338,300  $     17,338,300

 

  PERFORMANCE FUNDING.....................................                  0                 0

 

  GROSS APPROPRIATION.....................................   $     17,338,300  $     17,338,300

 

       (BB) WEST SHORE COMMUNITY COLLEGE

 

  OPERATIONS..............................................   $      2,556,300  $      2,556,300

 

  PERFORMANCE FUNDING.....................................                  0                 0

 

  GROSS APPROPRIATION.....................................   $      2,556,300  $      2,556,300

 

       (CC) OPERATIONS FUNDING SOURCES

 

  GROSS APPROPRIATION.....................................   $    319,050,900  $    319,050,900

 

     APPROPRIATED FROM:

 

  STATE SCHOOL AID FUND...................................        319,050,900       319,050,900

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $              0  $              0

 

       (3) MICHIGAN PUBLIC SCHOOL EMPLOYEES RETIREMENT

 

     SYSTEM (MPSERS)

 

  MPSERS COST OFFSET......................................   $      1,733,600  $      1,733,600


  MPSERS UAL CAP REIMBURSEMENT............................         75,300,000        78,000,000

 

  GROSS APPROPRIATION.....................................   $     77,033,600  $     79,733,600

 

     APPROPRIATED FROM:

 

  STATE SCHOOL AID FUND...................................         77,033,600        79,733,600

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $              0  $              0

 

       (4) RENAISSANCE ZONE REIMBURSEMENTS

 

  RENAISSANCE ZONE REIMBURSEMENTS.........................   $      2,500,000  $      2,500,000

 

  GROSS APPROPRIATION.....................................   $      2,500,000  $      2,500,000

 

     APPROPRIATED FROM:

 

  STATE SCHOOL AID FUND...................................   $      2,500,000  $      2,500,000

 

       (6) ONE-TIME APPROPRIATIONS

 

  MPSERS NORMAL COST OFFSET...............................          6,431,000         6,431,000

 

  GROSS APPROPRIATION.....................................   $      4,637,000  $      7,225,000

 

     APPROPRIATED FROM:

 

  STATE SCHOOL AID FUND...................................          3,612,000         7,225,000

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $                 $              0

 

       SEC. 298C. (1) SUMMARY OF APPROPRIATIONS FOR UNIVERSITIES AND STUDENT FINANCIAL

 

AID (ARTICLE III)

 

APPROPRIATION SUMMARY

 

GROSS APPROPRIATION......................................   $  1,658,932,600  $  1,659,932,600

 

  TOTAL INTERDEPARTMENTAL GRANTS AND

 

   INTRADEPARTMENTAL TRANSFERS...........................                  0                 0

 

  ADJUSTED GROSS APPROPRIATION............................   $  1,658,932,600  $  1,659,932,600

 

  TOTAL FEDERAL REVENUES..................................        113,026,400       113,026,400

 

  TOTAL LOCAL REVENUES....................................                  0                 0

 

  TOTAL PRIVATE REVENUES..................................                  0                 0

 

  TOTAL OTHER STATE RESTRICTED REVENUES...................        385,688,300       386,688,300


  STATE GENERAL FUND/GENERAL PURPOSE......................   $  1,160,217,900  $  1,160,217,900

 

       (2) UNIVERSITY OPERATIONS

 

       (A) CENTRAL MICHIGAN UNIVERSITY

 

  OPERATIONS..............................................   $     85,654,400  $     87,413,100

 

  PERFORMANCE FUNDING.....................................          1,758,700                 0

 

  GROSS APPROPRIATION.....................................   $     87,413,100  $     87,413,100

 

       (B) EASTERN MICHIGAN UNIVERSITY

 

  OPERATIONS..............................................   $     75,169,900  $     76,977,200

 

  PERFORMANCE FUNDING.....................................          1,807,300                 0

 

  GROSS APPROPRIATION.....................................   $     76,977,200  $     76,977,200

 

       (C) FERRIS STATE UNIVERSITY

 

  OPERATIONS..............................................   $     53,595,500  $     54,975,900

 

  PERFORMANCE FUNDING.....................................          1,380,400                 0

 

  GROSS APPROPRIATION.....................................   $     54,975,900  $     54,975,900

 

       (D) GRAND VALLEY STATE UNIVERSITY

 

  OPERATIONS..............................................   $     70,100,100  $     72,053,500

 

  PERFORMANCE FUNDING.....................................          1,953,400                 0

 

  GROSS APPROPRIATION.....................................   $     72,053,500  $     72,053,500

 

       (E) LAKE SUPERIOR STATE UNIVERSITY

 

  OPERATIONS..............................................   $     13,775,000  $     13,988,400

 

  PERFORMANCE FUNDING.....................................            213,400                 0

 

  GROSS APPROPRIATION.....................................   $     13,988,400  $     13,988,400

 

       (F) MICHIGAN STATE UNIVERSITY

 

  OPERATIONS..............................................   $    281,239,100  $    286,268,900

 

  PERFORMANCE FUNDING.....................................          5,029,800                 0

 

  MSU AGBIORESEARCH.......................................         34,591,400        34,591,400

 

  MSU EXTENSION...........................................         29,837,700        29,837,700


  GROSS APPROPRIATION.....................................   $    350,698,000  $    350,698,000

 

       (G) MICHIGAN TECHNOLOGICAL UNIVERSITY

 

  OPERATIONS..............................................   $     49,052,200  $     49,947,900

 

  PERFORMANCE FUNDING.....................................            895,700                 0

 

  GROSS APPROPRIATION.....................................   $     49,947,900  $     49,947,900

 

      (H) NORTHERN MICHIGAN UNIVERSITY

 

  OPERATIONS..............................................   $     47,137,400  $     48,004,600

 

  PERFORMANCE FUNDING.....................................            867,200                 0

 

  GROSS APPROPRIATION.....................................   $     48,004,600  $     48,004,600

 

      (I) OAKLAND UNIVERSITY

 

  OPERATIONS..............................................   $     51,235,900  $     52,816,100

 

  PERFORMANCE FUNDING.....................................          1,580,200                 0

 

  GROSS APPROPRIATION.....................................   $     52,816,100  $     52,816,100

 

      (J) SAGINAW VALLEY STATE UNIVERSITY

 

  OPERATIONS..............................................   $     29,766,100  $     30,526,800

 

  PERFORMANCE FUNDING.....................................            760,700                 0

 

  GROSS APPROPRIATION.....................................   $     30,526,800  $     30,526,800

 

      (K) UNIVERSITY OF MICHIGAN - ANN ARBOR

 

  OPERATIONS..............................................   $    314,589,100  $    320,775,300

 

  PERFORMANCE FUNDING.....................................          6,186,200                 0

 

  GROSS APPROPRIATION.....................................   $    320,775,300  $    320,775,300

 

      (L) UNIVERSITY OF MICHIGAN – DEARBORN

 

  OPERATIONS..............................................   $     25,421,900  $     26,070,700

 

  PERFORMANCE FUNDING.....................................            648,800                 0

 

  GROSS APPROPRIATION.....................................   $     26,070,700  $     26,070,700

 

      (M) UNIVERSITY OF MICHIGAN – FLINT

 

  OPERATIONS..............................................   $     23,061,800  $     23,584,100


  PERFORMANCE FUNDING.....................................            522,300                 0

 

  GROSS APPROPRIATION.....................................   $     23,584,100  $     23,584,100

 

      (N) WAYNE STATE UNIVERSITY

 

  OPERATIONS..............................................   $    199,169,800  $    202,361,000

 

  PERFORMANCE FUNDING.....................................          3,191,200                 0

 

  GROSS APPROPRIATION.....................................   $    202,361,000  $    202,361,000

 

      (O) WESTERN MICHIGAN UNIVERSITY

 

  OPERATIONS..............................................   $    109,376,800  $    111,148,300

 

  PERFORMANCE FUNDING.....................................          1,771,500                 0

 

  GROSS APPROPRIATION.....................................   $    111,148,300  $    111,148,300

 

       (P) OPERATIONS FUNDING SOURCES

 

  GROSS APPROPRIATION.....................................   $  1,521,340,900  $  1,521,340,900

 

     APPROPRIATED FROM:

 

  STATE SCHOOL AID FUND...................................        379,786,300       379,786,300

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $  1,141,554,600  $  1,141,554,600

 

       (3) MICHIGAN PUBLIC SCHOOL EMPLOYEES RETIREMENT

 

     SYSTEM (MPSERS)

 

  MPSERS UAL CAP REIMBURSEMENT............................   $      5,133,000  $      6,133,000

 

  GROSS APPROPRIATION.....................................   $      5,133,000  $      6,133,000

 

     APPROPRIATED FROM:

 

  STATE SCHOOL AID FUND...................................          5,133,000         6,133,000

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $              0  $              0

 

       (4) STATE AND REGIONAL PROGRAMS

 

  HIGHER EDUCATION DATABASE MODERNIZATION AND

 

     CONVERSION..........................................   $        200,000  $        200,000

 

  MIDWESTERN HIGHER EDUCATION COMPACT.....................           115,000           115,000

 

  GROSS APPROPRIATION.....................................   $        315,000  $        315,000


     APPROPRIATED FROM:

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $        315,000  $        315,000

 

       (5) MARTIN LUTHER KING, JR. – CESAR CHAVEZ – ROSA

 

     PARKS PROGRAM

 

  SELECT STUDENT SUPPORT SERVICES.........................   $      1,956,100  $      1,956,100

 

  MICHIGAN COLLEGE/UNIVERSITY PARTNERSHIP PROGRAM.........            586,800           586,800

 

  MORRIS HOOD, JR. EDUCATOR DEVELOPMENT PROGRAM...........           148,600           148,600

 

  GROSS APPROPRIATION.....................................   $      2,691,500  $      2,691,500

 

     APPROPRIATED FROM:

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $      2,691,500  $      2,691,500

 

       (6) GRANTS AND FINANCIAL AID

 

  STATE COMPETITIVE SCHOLARSHIPS..........................   $     32,361,700  $     32,361,700

 

  TUITION GRANTS..........................................         32,021,500        32,021,500

 

  TUITION INCENTIVE PROGRAM...............................         59,800,000        59,800,000

 

  CHILDREN OF VETERANS AND OFFICER’S SURVIVOR

 

     TUITION GRANT PROGRAMS..............................          1,400,000         1,400,000

 

  PROJECT GEAR-UP.........................................          3,200,000         3,200,000

 

  GROSS APPROPRIATION.....................................   $    128,783,200  $    128,783,200

 

     APPROPRIATED FROM:

 

  UNITED STATES DEPARTMENT OF EDUCATION, OFFICE OF       .                  

 

   ELEMENTARY AND SECONDARY EDUCATION, GEAR-UP PROGRAM...          3,200,000         3,200,000

 

  SOCIAL SECURITY ACT, TEMPORARY ASSISTANCE FOR NEEDY

 

   FAMILIES..............................................        109,826,400       109,826,400

 

  CONTRIBUTIONS TO CHILDREN OF VETERANS TUITION GRANT

 

   PROGRAM...............................................            100,000           100,000

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $     15,656,800  $     15,656,800


       Enacting section 1. (1) In accordance with section 30 of article I of the state

 

constitution of 1963, total state spending on school aid under article I as amended by

 

this amendatory act from state sources for fiscal year 2018-2019 is estimated at

 

$12,911,225,300.00 and state appropriations for school aid to be paid to local units

 

of government for fiscal year 2018-2019 are estimated at $12,733,596,100.00.

 

       (2) In accordance with section 30 of article IX of the state constitution of

 

1963, total state spending from state sources for community colleges for fiscal year

 

2018-2019 under article II as amended by this amendatory act is estimated at

 

$405,015,500.00 and the amount of that state spending from state sources to be paid to

 

local units of government for fiscal year 2018-2019 is estimated at $405,015,500.00.

 

       (3) In accordance with section 30 of article IX of the state constitution of

 

1963, total state spending from state sources for higher education for fiscal year

 

2018-2019 under article III as amended by this amendatory act is estimated at

 

$1,545,906,200.00 and the amount of that state spending from state sources to be paid

 

to local units of government for fiscal year 2018-2019 is estimated at $0.

 

       Enacting section 2. Sections 21j, 22g, 31b, 31j, 32q, 35, 55, 61c, 64d, 65, 67a,

 

95b, 99k, 99t, 99u, 102d, 104d, 104e, 152b, 164g, 164h, 201a, 208, 212, 227, 228,

 

236a, 261, 271a, 274, and 275 of the state school aid act of 1979, 1979 PA 94, MCL

 

388.1621j, 388.1622g, 388.1631b, 388.1631j, 388.1632q, 388.1635, 388.1655, 388.1661c,

 

388.1664d, 388.1665, 388.1667a, 388.1695b, 388.1699k, 388.1699t, 388.1699u, 388.1702d,

 

388.1704d, 388.1704e, 388.1752b, 388.1764g, 388.1764h, 388.1801a, 388.1808, 388.1812,

 

388.1827, 388.1828, 388.1836a, 388.1861, 388.1871a, 388.1874, and 388.1875 are

 

repealed effective October 1, 2018.

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