Bill Text: MI HB6555 | 2017-2018 | 99th Legislature | Introduced


Bill Title: Education; dual enrollment; certain dual enrollment eligibility requirements; modify. Amends secs. 3 & 4 of 1996 PA 160 (MCL 388.513 & 388.514).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-12-04 - Bill Electronically Reproduced 11/29/2018 [HB6555 Detail]

Download: Michigan-2017-HB6555-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 6555

 

 

November 29, 2018, Introduced by Rep. Kahle and referred to the Committee on Education Reform.

 

     A bill to amend 1996 PA 160, entitled

 

"Postsecondary enrollment options act,"

 

by amending sections 3 and 4 (MCL 388.513 and 388.514), section 3

 

as amended by 2018 PA 11 and section 4 as amended by 2012 PA 134.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 3. (1) As used in this act:

 

     (a) "Community college" means a community college established

 

under the community college act of 1966, 1966 PA 331, MCL 389.1 to

 

389.195, or under part 25 of the revised school code, 1976 PA 451,

 

MCL 380.1601 to 380.1607, or a federal tribally controlled

 

community college located in this state that is recognized under

 

the tribally controlled colleges and universities assistance act of

 

1978, 25 USC 1801 to 1864, and is determined by the department to

 

meet the requirements for accreditation by a recognized regional

 

accrediting body.


     (b) "Department" means the department of education.

 

     (c) "Eligible charges" means tuition and mandatory course

 

fees, material fees, and registration fees required by an eligible

 

institution for enrollment in an eligible course. Eligible charges

 

also include any late fees charged by an eligible postsecondary

 

institution due to the school district's or department of

 

treasury's failure to make a required payment according to the

 

timetable prescribed under this act. Eligible charges do not

 

include transportation or parking costs or activity fees. For

 

eligible students enrolled in an out-of-state college that is an

 

eligible postsecondary institution, eligible charges shall must not

 

exceed the lesser of the in-district rate for the community college

 

located in the district in which the eligible student resides or

 

the in-district rate for the out-of-state college in which the

 

eligible student is enrolled.

 

     (d) "Eligible course" means a course offered by an eligible

 

postsecondary institution that is offered for postsecondary credit;

 

that is not offered by the school district or state approved

 

nonpublic school in which the eligible student is enrolled, or that

 

is offered by the school district or state approved nonpublic

 

school but is determined by its governing board to not be available

 

to the eligible student because of a scheduling conflict beyond the

 

eligible student's control; that is an academic course not

 

ordinarily taken as an activity course; that is a course that the

 

postsecondary institution normally applies toward satisfaction of

 

degree requirements; that is offered in whole or in part when the

 

school district or state approved nonpublic school is in session;


that is not a hobby, craft, or recreational course; and that is in

 

a subject area other than physical education, theology, divinity,

 

or religious education. A course that is offered only during a time

 

when the school district or state approved nonpublic school is not

 

in session may be an eligible course under this subdivision, as

 

determined by the school district or state approved nonpublic

 

school. However, for an eligible student who has not achieved a

 

qualifying score in each subject area on a readiness assessment or

 

the Michigan merit examination, as applicable for the student, an

 

eligible course is limited to a course in a subject area for which

 

he or she has achieved a qualifying score, a course in computer

 

science or foreign language not offered by the school district, or

 

a course in fine arts as permitted by the school district. For each

 

individual eligible student, unless there is a written agreement

 

between the eligible student's school district and the eligible

 

postsecondary institution to waive these limits, a course described

 

in this subdivision is not an eligible course if the eligible

 

student's enrollment in, and the payment of eligible charges under

 

this act for, the course would exceed the following limits:

 

     (i) Not more than 10 courses overall. This limit and the

 

limits under subparagraphs (ii) to (iv) do not apply to a course if

 

the eligible student does not receive tuition and fee support under

 

this act for that course.

 

     (ii) If the eligible student first enrolls in a course under

 

this act when the eligible student is in grade 9, not more than 2

 

courses during each academic year in the eligible student's first,

 

second, or third academic year of enrollment under this act in an


eligible postsecondary institution and not more than 4 courses

 

during the academic year in the eligible student's fourth academic

 

year of enrollment under this act in an eligible postsecondary

 

institution.

 

     (iii) If the eligible student first enrolls in a course under

 

this act when the eligible student is in grade 10, not more than 2

 

courses during the academic year in the eligible student's first

 

academic year of enrollment under this act in an eligible

 

postsecondary institution, not more than 4 courses during the

 

academic year in the eligible student's second academic year of

 

enrollment under this act in an eligible postsecondary institution,

 

and not more than 4 courses during the academic year in the

 

eligible student's third academic year of enrollment under this act

 

in an eligible postsecondary institution.

 

     (iv) Subject to the overall course limit under subparagraph

 

(i), if the eligible student first enrolls in a course under this

 

act when the eligible student is in grade 11 or 12, not more than 6

 

courses during either of those academic years of enrollment in an

 

eligible postsecondary institution.

 

     (e) "Eligible postsecondary institution" means a state

 

university, community college, or independent nonprofit degree-

 

granting college or university that is located in this state and

 

that chooses to comply with this act. However, an out-of-state

 

college that is located within 20 miles of a border with this state

 

and that chooses to comply with this act is also an eligible

 

postsecondary institution for an eligible student if at least 1 of

 

the following is met:


     (i) The eligible student is enrolled in a school district, as

 

that term is defined in section 6 of the revised school code, 1976

 

PA 451, MCL 380.6, that shares a border with the state in which the

 

out-of-state college is located.

 

     (ii) The eligible student is enrolled in a public school

 

academy, as that term is defined in section 5 of the revised school

 

code, 1976 PA 451, MCL 380.5, that is located in a school district

 

described in subparagraph (i).

 

     (iii) The eligible student is enrolled in a state approved

 

nonpublic school that is located in a school district described in

 

subparagraph (i).

 

     (f) "Eligible student" means, except as otherwise provided in

 

this subdivision, a student enrolled in at least 1 high school

 

class in a school district or state approved nonpublic school in

 

this state, except a foreign exchange pupil enrolled under a

 

cultural exchange program or a student who does not have at least 1

 

parent or legal guardian who is a resident of this state. However,

 

subject to subsection (2), the student shall must not have been

 

enrolled in high school for more than 4 school years including the

 

school year in which the student seeks to enroll in an eligible

 

course under this act. To be an eligible student, a student who has

 

not taken the Michigan merit examination must have achieved a

 

qualifying score in all subject areas on a readiness assessment and

 

a student who has taken the Michigan merit examination must have

 

achieved a qualifying score in all subject areas on the Michigan

 

merit examination, and, subject to subsection (2), the student

 

shall must not have been enrolled in high school for more than 4


school years including the school year in which the student seeks

 

to enroll in an eligible course under this act. However, if the

 

student has not achieved a qualifying score in all subject areas on

 

a readiness assessment or the Michigan merit examination, as

 

applicable for the student, the student is an eligible student only

 

for the limited purpose of enrolling in 1 or more eligible courses

 

under this act in a subject area for which he or she has achieved a

 

qualifying score, in computer science or foreign language not

 

offered by the school district, or in fine arts as permitted by the

 

school district. For the purposes of determining the number of

 

years a pupil has been enrolled in high school, a pupil who is

 

enrolled in high school for less than 90 days of a school year due

 

to illness or other circumstances beyond the control of the pupil

 

or the pupil's parent or guardian is not considered to be enrolled

 

in high school for that school year.

 

     (g) "Intermediate school district" means that term as defined

 

in section 4 of the revised school code, 1976 PA 451, MCL 380.4.

 

     (h) "Michigan merit examination" means that examination

 

developed under section 1279g of the revised school code, 1976 PA

 

451, MCL 380.1279g.

 

     (i) "Out-of-state college" means a state university, community

 

college, or independent nonprofit degree-granting college or

 

university that is located in another state and that is legally

 

established under the laws of that other state.

 

     (j) "Qualifying score" means a score on a readiness assessment

 

or the Michigan merit examination that has been determined by the

 

superintendent of public instruction to indicate readiness to


enroll in a postsecondary course in that subject area under this

 

act.

 

     (k) "Readiness assessment" means assessment instruments that

 

are aligned with state learning standards; that are used nationally

 

to provide high school students with an early indication of college

 

readiness proficiency in English, mathematics, reading, social

 

studies, and science and may contain a comprehensive career

 

planning program; and that are approved by the superintendent of

 

public instruction for the purposes of this act.

 

     (l) "School district" means that term as defined in section 6

 

of the revised school code, 1976 PA 451, MCL 380.6, or a public

 

school academy as defined in section 5 of the revised school code,

 

1976 PA 451, MCL 380.5, except as provided in subdivision (e).

 

     (m) "State approved nonpublic school" means that term as

 

defined in section 6 of the revised school code, 1976 PA 451, MCL

 

380.6.

 

     (n) "State university" means a state institution of higher

 

education described in section 4, 5, or 6 of article VIII of the

 

state constitution of 1963.

 

     (2) The superintendent of public instruction shall promulgate

 

rules establishing criteria and procedures under which a student

 

who has been enrolled in high school for more than 4 years but not

 

more than 5 years may be considered to be an eligible student. The

 

rules shall must address special circumstances under which a

 

student may qualify to be considered an eligible student under this

 

subsection and may limit the number of courses in which a student

 

who qualifies under this subsection may enroll. For the purposes of


determining the number of years a pupil has been enrolled in high

 

school, a pupil who is enrolled in high school for less than 90

 

days of a school year due to illness or other circumstances beyond

 

the control of the pupil or the pupil's parent or guardian is not

 

considered to be enrolled for that school year.

 

     Sec. 4. (1) The school district or state approved nonpublic

 

school in which an eligible student is enrolled shall provide to

 

the eligible student a letter signed by the student's principal

 

indicating the student's eligibility under this act.

 

     (2) An eligible student may apply to an eligible postsecondary

 

institution to enroll in 1 or more eligible courses offered by that

 

eligible postsecondary institution and, if accepted, may enroll in

 

1 or more of those courses.

 

     (3) For an eligible student enrolled in a school district,

 

within a reasonable time after registration, the eligible

 

postsecondary institution shall send written notice to the eligible

 

student and his or her school district. For an eligible student

 

enrolled in a state approved nonpublic school, within a reasonable

 

time after registration, the eligible postsecondary institution

 

shall send written notice to the eligible student and his or her

 

state approved nonpublic school and to the department. The notice

 

shall must indicate the course or courses and hours of enrollment

 

of that eligible student. The eligible postsecondary institution

 

shall notify the eligible student about tuition, fees, books,

 

materials, and other related charges, as determined by the

 

postsecondary institution, in the customary manner used by the

 

eligible postsecondary institution, and shall notify the eligible


student of the estimated amount of the eligible charges that will

 

be billed to the school district or the department, as applicable,

 

under subsection (4).

 

     (4) For an eligible student enrolled in a school district,

 

unless otherwise agreed between the eligible postsecondary

 

institution and the school district, after the expiration of the

 

institution's drop/add period for the course, an eligible

 

postsecondary institution shall send a bill to the eligible

 

student's school district detailing the eligible charges for each

 

eligible course in which the eligible student is enrolled under

 

this act. For an eligible student who is enrolled in a state

 

approved nonpublic school, after the expiration of the eligible

 

postsecondary institution's drop/add period for the course, both of

 

the following apply:

 

     (a) Eligible postsecondary institution shall send a bill to

 

the department detailing the eligible charges for each eligible

 

course in which the eligible student is enrolled under this act.

 

     (b) The department shall determine the amount of the eligible

 

charges to be paid by the department of treasury to the eligible

 

postsecondary institution on behalf of the eligible student under

 

this act and shall deliver this information to the department of

 

treasury by appropriate electronic means.

 

     (5) For an eligible student enrolled in a school district,

 

upon receiving the bill under subsection (4), the school district

 

shall cause to be paid to the eligible postsecondary institution on

 

behalf of the eligible student an amount equal to the lesser of the

 

amount of the eligible charges or the prorated percentage of the


statewide pupil-weighted average foundation allowance, as

 

calculated under section 20 of the state school aid act of 1979,

 

1979 PA 94, MCL 388.1620, for all school districts for the state

 

fiscal year that begins on October 1 of the academic year of

 

enrollment in the eligible postsecondary institution, with the

 

proration based on the proportion of the school year that the

 

eligible student attends the eligible postsecondary institution.

 

number of hours of instruction that the eligible student attends

 

the eligible postsecondary institution divided by the number of

 

hours required under section 101 of the state school aid act of

 

1979, 1979 PA 94, MCL 388.1701, for full-time equivalency. However,

 

in the calculation of the statewide pupil-weighted average

 

foundation allowance for the purposes of this subsection, if a

 

school district's foundation allowance is above the basic

 

foundation allowance under section 20 of the state school aid act

 

of 1979, 1979 PA 94, MCL 388.1620, then the school district's

 

foundation allowance shall must be considered to be the basic

 

foundation allowance. Not later than September 1 of each year, the

 

department shall notify the department of treasury of the amount of

 

the statewide pupil-weighted average foundation allowance as

 

calculated for the purposes of this subsection. A school district

 

may pay more money to an eligible postsecondary institution on

 

behalf of an eligible student than is required under this act, and

 

may use local school operating revenue for that purpose. The

 

eligible student is responsible for payment of the remainder of the

 

costs associated with his or her postsecondary enrollment that

 

exceed the amount the school district is required to pay under this


act and that are not paid by the school district. As used in this

 

subsection, "local school operating revenue" means that term as

 

defined in section 20 of the state school aid act of 1979, 1979 PA

 

94, MCL 388.1620.

 

     (6) For an eligible student who is enrolled in a state

 

approved nonpublic school, upon receiving from the department under

 

subsection (4) the amount of the eligible charges to be paid on

 

behalf of the eligible student, the department of treasury shall

 

cause to be paid to the eligible postsecondary institution on

 

behalf of the eligible student an amount equal to the lesser of the

 

amount of the eligible charges or the prorated percentage of the

 

statewide pupil-weighted average foundation allowance, as

 

calculated under section 20 of the state school aid act of 1979,

 

1979 PA 94, MCL 388.1620, for all school districts for the state

 

fiscal year that begins on October 1 of the academic year of

 

enrollment in the eligible postsecondary institution, with the

 

proration based on the proportion of the school year that the

 

eligible student attends the eligible postsecondary institution.

 

number of hours of instruction that the eligible student attends

 

the eligible postsecondary institution divided by the number of

 

hours required under section 101 of the state school aid act of

 

1979, 1979 PA 94, MCL 388.1701, for full-time equivalency. However,

 

in the calculation of the statewide pupil-weighted average

 

foundation allowance for the purposes of this subsection, if a

 

school district's foundation allowance is above the basic

 

foundation allowance under section 20 of the state school aid act

 

of 1979, 1979 PA 94, MCL 388.1620, then the school district's


foundation allowance shall must be considered to be the basic

 

foundation allowance. Not later than September 1 of each year, the

 

department shall notify the department of treasury of the amount of

 

the statewide pupil-weighted average foundation allowance as

 

calculated for the purposes of this subsection. The eligible

 

student is responsible for payment of the remainder of the costs

 

associated with his or her postsecondary enrollment that exceed the

 

amount the department of treasury is required to pay under this act

 

and that are not paid by the department of treasury.

 

     (7) An eligible postsecondary institution shall not charge a

 

late fee to an eligible student, a school district, the department,

 

or the department of treasury for a payment that is made in

 

compliance with the timetable prescribed under this act even if the

 

payment would otherwise be considered late by the postsecondary

 

institution.

 

     (8) A school district, state approved nonpublic school, or the

 

department may require an eligible student to provide, on a form

 

supplied by the school district, state approved nonpublic school,

 

or the department, reasonable verification that the eligible

 

student is regularly attending a postsecondary course.

 

     (9) For an eligible student who is enrolled in a school

 

district and who enrolls in an eligible course under this act, if

 

the student does not complete the eligible course or, if the

 

student enrolls in an eligible course for postsecondary credit only

 

and the student does not successfully complete the eligible course,

 

as determined by the eligible postsecondary institution, and if the

 

school district has paid money for the course on behalf of the


student, all of the following apply:

 

     (a) The eligible postsecondary institution shall forward to

 

the school district any funds that are refundable due to

 

noncompletion of the course. The school district shall then forward

 

to the eligible student any refunded money in excess of the amount

 

paid by the school district for the course on behalf of the

 

eligible student.

 

     (b) The eligible student shall repay to the school district

 

any funds that were expended by the school district for the course

 

that are not refunded to the school district by the eligible

 

postsecondary institution. If the eligible student does not repay

 

this money, the school district may impose sanctions against the

 

eligible student as determined by school district policy. This

 

subdivision does not apply to an eligible student who does not

 

complete the course due to a family or medical emergency, as

 

determined by the eligible postsecondary institution.

 

     (10) For an eligible student who is enrolled in a state

 

approved nonpublic school, and who enrolls in an eligible course

 

under this act, if the eligible student does not complete the

 

eligible course or, if the eligible student enrolls in an eligible

 

course for postsecondary credit only and the eligible student does

 

not successfully complete the eligible course, as determined by the

 

eligible postsecondary institution, and if the department of

 

treasury has paid money for the course on behalf of the eligible

 

student, all of the following apply:

 

     (a) The eligible postsecondary institution shall forward to

 

the department of treasury any funds that are refundable due to


noncompletion of the course. If applicable, the eligible

 

postsecondary institution shall then refund to the eligible student

 

any funds that are refundable due to noncompletion of the course

 

and are in excess of the amount paid by the department of treasury

 

for the course on behalf of the eligible student.

 

     (b) The eligible student shall repay to the department of

 

treasury any funds that were expended by the department of treasury

 

for the course that are not refunded to the department of treasury

 

by the eligible postsecondary institution. This subdivision does

 

not apply to an eligible student who does not complete the course

 

due to a family or medical emergency, as determined by the eligible

 

postsecondary institution.

 

     (11) A school district, state approved nonpublic school, the

 

department, or the department of treasury shall make available to

 

an eligible student copies of all correspondence in the possession

 

of the school district, state approved nonpublic school,

 

department, or department of treasury regarding the eligible

 

student's participation in postsecondary enrollment under this act.

 

Correspondence described in this subsection shall must be kept by

 

the school district, state approved nonpublic school, department,

 

or department of treasury for at least 1 year.

 

     (12) If a school district pays for books for an eligible

 

student for a postsecondary course under this section, the books

 

are the property of the school district and shall must be turned

 

over to the school district after the eligible student completes

 

the course.

 

     (13) This section does not apply to any postsecondary courses


in which an eligible student is enrolled in addition to being

 

enrolled full-time in that eligible student's school district or

 

state approved nonpublic school; to a postsecondary course an

 

eligible student is retaking after failing to achieve a

 

satisfactory grade; or to a course contrary to the eligibility

 

provisions of this act. In determining full-time enrollment in a

 

school district under this section or a school district's full-time

 

equated membership under the state school aid act of 1979, 1979 PA

 

94, MCL 388.1601 to 388.1896, 388.1897l, for a pupil enrolled in a

 

postsecondary institution under this act, the pupil's enrollment in

 

both the school district and the postsecondary institution shall

 

must be counted as enrollment in the school district and a pupil

 

shall not be considered to be enrolled in a school district less

 

than full-time solely because of the effect of the pupil's

 

postsecondary enrollment, including necessary travel time, on the

 

number of class hours provided by the school district to the pupil.

 

In determining full-time enrollment in a state approved nonpublic

 

school under this section for a student enrolled in a postsecondary

 

institution under this act, the student's enrollment in both the

 

state approved nonpublic school and the postsecondary institution

 

shall must be counted as enrollment in the state approved nonpublic

 

school and a student shall not be considered to be enrolled in a

 

state approved nonpublic school less than full-time solely because

 

of the effect of the student's postsecondary enrollment under this

 

act, including necessary travel time, on the number of class hours

 

provided by the state approved nonpublic school to the student.

 

     (14) This act does not require a school district or the


department of treasury to pay or otherwise provide financial

 

support for transportation or parking costs necessary for an

 

eligible student to participate in postsecondary enrollment under

 

this act. A school district, state approved nonpublic school, or

 

this state is not liable for any injury incurred by an eligible

 

student that is related to transportation necessary for the

 

eligible student to participate in postsecondary enrollment under

 

this act.

 

     (15) The legislature shall appropriate funds to the department

 

of treasury for making payments required to be made by the

 

department of treasury under this act.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

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