Bill Text: MI HB5912 | 2019-2020 | 100th Legislature | Chaptered
Bill Title: Education: other; certain requirements concerning required hours and days of pupil instruction; modify. Amends sec. 101 of 1979 PA 94 (MCL 388.1701). TIE BAR WITH: HB 5913'20, HB 5911'20
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2020-09-01 - Assigned Pa 148'20 With Immediate Effect [HB5912 Detail]
Download: Michigan-2019-HB5912-Chaptered.html
Act No. 148
Public Acts of 2020
Approved by the Governor
August 20, 2020
Filed with the Secretary of State
August 20, 2020
EFFECTIVE DATE: August 20, 2020
state of michigan
100th Legislature
Regular session of 2020
Introduced by Reps. Schroeder and Hornberger
ENROLLED HOUSE BILL No. 5912
AN ACT to amend 1979 PA 94, entitled “An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,” by amending section 101 (MCL 388.1701), as amended by 2019 PA 58.
The People of the State of Michigan enact:
Sec. 101. (1) To be eligible
to receive state aid under this article, not later than the fifth Wednesday
after the pupil membership count day and not later than the fifth Wednesday
after the supplemental count day, each district superintendent shall submit and
certify to the center and the intermediate superintendent, in the form and
manner prescribed by the center, the number of pupils enrolled and in regular
daily attendance, or, for 2020‑2021 only, the number of pupils engaged in
pandemic learning for fall 2020 or the number of pupils engaged in pandemic
learning for spring 2021, as applicable, or, for a district that operates as a
cyber school, as that term is defined in section 551 of the revised school
code, MCL 380.551, the number of pupils enrolled and in regular daily
attendance, including identification of tuition-paying pupils, in the district
as of the pupil membership count day and as of the supplemental count day, as
applicable, for the current school year. In addition, a district maintaining
school during the entire year shall submit and certify to the center and the
intermediate superintendent, in the form and manner prescribed by the center,
the number of pupils enrolled and in regular daily attendance in the district
or, for 2020-2021 only, the number of pupils engaged in pandemic learning for
fall 2020 or the number of pupils engaged in pandemic learning for spring 2021,
as applicable, or, for a district that operates as a cyber school, as that term
is defined in section 551 of the revised school code, MCL 380.551, the number
of pupils enrolled and in regular daily attendance, for the current school year
pursuant to rules promulgated by the superintendent. Not later than the sixth
Wednesday after the pupil membership count day and not later than the sixth
Wednesday after the supplemental count day, the district shall resolve any
pupil membership conflicts with another district, correct any data issues, and
recertify the data in a form and manner prescribed by the center and file the
certified data with the intermediate superintendent. If a district fails to
submit and certify the attendance data, as required under this subsection, the
center shall notify the department and the department shall withhold state aid
due to be distributed under this article from the defaulting district
immediately, beginning with the next payment after the failure and continuing
with each payment until the district complies with this subsection. If a
district does not comply with this subsection by the end of the fiscal year,
the district forfeits the amount withheld. A person who willfully falsifies a
figure or statement in the certified and sworn copy of enrollment is subject to
penalty as prescribed by section 161. As used in this subsection, “pupils
engaged in pandemic learning for spring 2021” means that term as defined in
section 6a.
(2) To be eligible to receive state aid under this article, not later than the twenty-fourth Wednesday after the pupil membership count day and not later than the twenty-fourth Wednesday after the supplemental count day, an intermediate district shall submit to the center, in a form and manner prescribed by the center, the audited enrollment and attendance data as described in subsection (1) for the pupils of its constituent districts and of the intermediate district. If an intermediate district fails to submit the audited data as required under this subsection, the department shall withhold state aid due to be distributed under this article from the defaulting intermediate district immediately, beginning with the next payment after the failure and continuing with each payment until the intermediate district complies with this subsection. If an intermediate district does not comply with this subsection by the end of the fiscal year, the intermediate district forfeits the amount withheld.
(3) Except as otherwise provided in subsections (11), (12), and (13), all of the following apply to the provision of pupil instruction:
(a) Except as otherwise provided in this section, each district shall provide at least 1,098 hours and 180 days of pupil instruction. If a collective bargaining agreement that provides a complete school calendar was in effect for employees of a district as of June 24, 2014, and if that school calendar is not in compliance with this subdivision, then this subdivision does not apply to that district until after the expiration of that collective bargaining agreement. A district may apply for a waiver under subsection (9) from the requirements of this subdivision.
(b) Except as otherwise provided in this article, a district failing to comply with the required minimum hours and days of pupil instruction under this subsection forfeits from its total state aid allocation an amount determined by applying a ratio of the number of hours or days the district was in noncompliance in relation to the required minimum number of hours and days under this subsection. Not later than August 1, the board of each district shall either certify to the department that the district was in full compliance with this section regarding the number of hours and days of pupil instruction in the previous school year, or report to the department, in a form and manner prescribed by the center, each instance of noncompliance. If the district did not provide at least the required minimum number of hours and days of pupil instruction under this subsection, the department shall make the deduction of state aid in the following fiscal year from the first payment of state school aid. A district is not subject to forfeiture of funds under this subsection for a fiscal year in which a forfeiture was already imposed under subsection (6).
(c) Hours or days lost because of strikes or teachers’ conferences are not counted as hours or days of pupil instruction.
(d) Except as otherwise provided in subdivisions (e), (f), and (h), if a district does not have at least 75% of the district’s membership in attendance on any day of pupil instruction, the department shall pay the district state aid in that proportion of 1/180 that the actual percent of attendance bears to 75%.
(e) If a district adds 1 or more days of pupil instruction to the end of its instructional calendar for a school year to comply with subdivision (a) because the district otherwise would fail to provide the required minimum number of days of pupil instruction even after the operation of subsection (4) due to conditions not within the control of school authorities, then subdivision (d) does not apply for any day of pupil instruction that is added to the end of the instructional calendar. Instead, for any of those days, if the district does not have at least 60% of the district’s membership in attendance on that day, the department shall pay the district state aid in that proportion of 1/180 that the actual percentage of attendance bears to 60%. For any day of pupil instruction added to the instructional calendar as described in this subdivision, the district shall report to the department the percentage of the district’s membership that is in attendance, in the form and manner prescribed by the department.
(f) At the request of a district that operates a department-approved alternative education program and that does not provide instruction for pupils in all of grades K to 12, the superintendent shall grant a waiver from the requirements of subdivision (d). The waiver must provide that an eligible district is subject to the proration provisions of subdivision (d) only if the district does not have at least 50% of the district’s membership in attendance on any day of pupil instruction. In order to be eligible for this waiver, a district must maintain records to substantiate its compliance with the following requirements:
(i) The district offers the minimum hours of pupil instruction as required under this section.
(ii) For each enrolled pupil, the district uses appropriate academic assessments to develop an individual education plan that leads to a high school diploma.
(iii) The district tests each pupil to determine academic progress at regular intervals and records the results of those tests in that pupil’s individual education plan.
(g) All of the following apply to a waiver granted under subdivision (f):
(i) If the waiver is for a blended model of delivery, a waiver that is granted for the 2011-2012 fiscal year or a subsequent fiscal year remains in effect unless it is revoked by the superintendent.
(ii) If the waiver is for a 100% online model of delivery and the educational program for which the waiver is granted makes educational services available to pupils for a minimum of at least 1,098 hours during a school year and ensures that each pupil participates in the educational program for at least 1,098 hours during a school year, a waiver that is granted for the 2011-2012 fiscal year or a subsequent fiscal year remains in effect unless it is revoked by the superintendent.
(iii) A waiver that is not a waiver described in subparagraph (i) or (ii) is valid for 1 fiscal year and must be renewed annually to remain in effect.
(i) Electronic mail.
(ii) Telephone.
(iii) Instant messaging.
(iv) Face-to-face conversation.
(i) The superintendent shall promulgate rules for the implementation of this subsection.
(4) Except as otherwise provided in this subsection, the first 6 days or the equivalent number of hours for which pupil instruction is not provided because of conditions not within the control of school authorities, such as severe storms, fires, epidemics, utility power unavailability, water or sewer failure, or health conditions as defined by the city, county, or state health authorities, are counted as hours and days of pupil instruction. With the approval of the superintendent of public instruction, the department shall count as hours and days of pupil instruction for a fiscal year not more than 3 additional days or the equivalent number of additional hours for which pupil instruction is not provided in a district due to unusual and extenuating occurrences resulting from conditions not within the control of school authorities such as those conditions described in this subsection. Subsequent such hours or days are not counted as hours or days of pupil instruction.
(5) A district does not forfeit part of its state aid appropriation because it adopts or has in existence an alternative scheduling program for pupils in kindergarten if the program provides at least the number of hours required under subsection (3) for a full-time equated membership for a pupil in kindergarten as provided under section 6(4).
(6) In addition to any other penalty or forfeiture under this section, if at any time the department determines that 1 or more of the following have occurred in a district, the district forfeits in the current fiscal year beginning in the next payment to be calculated by the department a proportion of the funds due to the district under this article that is equal to the proportion below the required minimum number of hours and days of pupil instruction under subsection (3), as specified in the following:
(a) The district fails to operate its schools for at least the required minimum number of hours and days of pupil instruction under subsection (3) in a school year, including hours and days counted under subsection (4).
(b) The board of the district takes formal action not to operate its schools for at least the required minimum number of hours and days of pupil instruction under subsection (3) in a school year, including hours and days counted under subsection (4).
(7) In providing the minimum number of hours and days of pupil instruction required under subsection (3), a district shall use the following guidelines, and a district shall maintain records to substantiate its compliance with the following guidelines:
(a) Except as otherwise provided in this subsection, a pupil must be scheduled for at least the required minimum number of hours of instruction, excluding study halls, or at least the sum of 90 hours plus the required minimum number of hours of instruction, including up to 2 study halls.
(b) The time a pupil is assigned to any tutorial activity in a block schedule may be considered instructional time, unless that time is determined in an audit to be a study hall period.
(c) Except as otherwise
provided in this subdivision, a pupil in grades 9 to 12 for whom a reduced
schedule is determined to be in the individual pupil’s best educational
interest must be scheduled for a number of hours equal to at least 80% of the
required minimum number of hours of pupil instruction to be considered a
full-time equivalent pupil. A pupil in grades 9 to 12 who is scheduled in a
4-block schedule may receive a reduced schedule under this subsection if the
pupil is scheduled for a number of hours equal to at least 75% of the required
minimum number of hours of pupil instruction to be considered a full-time
equivalent pupil.
(d) If a pupil in grades 9 to 12 who is enrolled in a cooperative education program or a special education pupil cannot receive the required minimum number of hours of pupil instruction solely because of travel time between instructional sites during the school day, that travel time, up to a maximum of 3 hours per school week, is considered to be pupil instruction time for the purpose of determining whether the pupil is receiving the required minimum number of hours of pupil instruction. However, if a district demonstrates to the satisfaction of the department that the travel time limitation under this subdivision would create undue costs or hardship to the district, the department may consider more travel time to be pupil instruction time for this purpose.
(e) In grades 7 through 12, instructional time that is part of a Junior Reserve Officer Training Corps (JROTC) program is considered to be pupil instruction time regardless of whether the instructor is a certificated teacher if all of the following are met:
(i) The instructor has met all of the requirements established by the United States Department of Defense and the applicable branch of the armed services for serving as an instructor in the Junior Reserve Officer Training Corps program.
(ii) The board of the district or intermediate district employing or assigning the instructor complies with the requirements of sections 1230 and 1230a of the revised school code, MCL 380.1230 and 380.1230a, with respect to the instructor to the same extent as if employing the instructor as a regular classroom teacher.
(8) Except as otherwise provided in subsections (11), (12), and (13), the department shall apply the guidelines under subsection (7) in calculating the full-time equivalency of pupils.
(9) Upon application by the district for a particular fiscal year, the superintendent shall waive for a district the minimum number of hours and days of pupil instruction requirement of subsection (3) for a department-approved alternative education program or another innovative program approved by the department, including a 4-day school week. If a district applies for and receives a waiver under this subsection and complies with the terms of the waiver, the district is not subject to forfeiture under this section for the specific program covered by the waiver. If the district does not comply with the terms of the waiver, the amount of the forfeiture is calculated based upon a comparison of the number of hours and days of pupil instruction actually provided to the minimum number of hours and days of pupil instruction required under subsection (3). A district shall report pupils enrolled in a department-approved alternative education program under this subsection to the center in a form and manner determined by the center. All of the following apply to a waiver granted under this subsection:
(a) If the waiver is for a blended model of delivery, a waiver that is granted for the 2011-2012 fiscal year or a subsequent fiscal year remains in effect unless it is revoked by the superintendent.
(b) If the waiver is for a 100% online model of delivery and the educational program for which the waiver is granted makes educational services available to pupils for a minimum of at least 1,098 hours during a school year and ensures that each pupil is on track for course completion at proficiency level, a waiver that is granted for the 2011-2012 fiscal year or a subsequent fiscal year remains in effect unless it is revoked by the superintendent.
(c) A waiver that is not a waiver described in subdivision (a) or (b) is valid for 1 fiscal year and must be renewed annually to remain in effect.
(10) A district may count up to 38 hours of qualifying professional development for teachers as hours of pupil instruction. All of the following apply to the counting of qualifying professional development as pupil instruction under this subsection:
(a) If qualifying professional development exceeds 5 hours in a single day, that day may be counted as a day of pupil instruction.
(b) At least 8 hours of the qualifying professional development counted as hours of pupil instruction under this subsection must be recommended by a districtwide professional development advisory committee appointed by the district board. The advisory committee must be composed of teachers employed by the district who represent a variety of grades and subject matter specializations, including special education; nonteaching staff; parents; and administrators. The majority membership of the committee shall be composed of teaching staff.
(c) Professional development provided online is allowable and encouraged, as long as the instruction has been approved by the district. The department shall issue a list of approved online professional development providers, which must include the Michigan Virtual School.
(d) Qualifying professional development may only be counted as hours of pupil instruction for the pupils of those teachers scheduled to participate in the qualifying professional development.
(e) For professional development to be considered qualifying professional development under this subsection, the professional development must meet all of the following:
(i) Is aligned to the school or district improvement plan for the school or district in which the professional development is being provided.
(ii) Is linked to 1 or
more criteria in the evaluation tool developed or adopted by the district or
intermediate district under section 1249 of the revised school code, MCL
380.1249.
(iii) Has been approved by the department as counting for state continuing education clock hours. The number of hours of professional development counted as hours of pupil instruction may not exceed the number of state continuing education clock hours for which the qualifying professional development was approved.
(iv) Not more than a combined total of 10 hours of the professional development takes place before the first scheduled day of school for the school year ending in the fiscal year and after the last scheduled day of school for that school year.
(v) No more than 10 hours of qualifying professional development takes place in a single month.
(vi) At least 75% of teachers scheduled to participate in the professional development are in attendance.
(11) Subsections (3) and (8) do not apply to a school of excellence that is a cyber school, as that term is defined in section 551 of the revised school code, MCL 380.551, and is in compliance with section 553a of the revised school code, MCL 380.553a.
(12) Subsections (3) and (8) do not apply to eligible pupils enrolled in a dropout recovery program that meets the requirements of section 23a. As used in this subsection, “eligible pupil” means that term as defined in section 23a.
(13) For the 2020-2021 school year only, the minimum number of hours and days of pupil instruction requirement under subsection (3) is waived for all districts. However, for the 2020-2021 school year only, districts shall, at a minimum, provide pupil instruction at school, at a different location, in person, online, digitally, by other remote means, in a synchronous or asynchronous format, or through any combination therein that results in an amount of hours and days necessary to deliver the educational or course content that would have been delivered in 180 days and 1,098 hours in a school year in which pandemic learning was not provided and that would have led to course completion. As used in this subsection, “pandemic learning” means a mode of pupil instruction provided as a result of the COVID-19 pandemic.
(14) At least every 2 years the superintendent shall review the waiver standards set forth in the pupil accounting and auditing manuals to ensure that the waiver standards and waiver process continue to be appropriate and responsive to changing trends in online learning. The superintendent shall solicit and consider input from stakeholders as part of this review.
Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 100th Legislature are enacted into law:
(a) House Bill No. 5911.
(b) House Bill No. 5913.
This
act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved___________________________________________
____________________________________________________
Governor
