Bill Text: MI SB0149 | 2017-2018 | 99th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Appropriations; zero budget; school aid appropriations; provide for fiscal year 2017-2018. Amends secs. 11 & 17b of 1979 PA 94 (MCL 388.1611 & 388.1617b).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2018-12-31 - Assigned Pa 586'18 With Immediate Effect 12/31/18 Addenda [SB0149 Detail]

Download: Michigan-2017-SB0149-Engrossed.html

SB-0149, As Passed House, December 21, 2018

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE SUBSTITUTE FOR

 

SENATE BILL NO. 149

 

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1979 PA 94, entitled

 

"The state school aid act of 1979,"

 

by amending sections 6, 11, 17c, 18, 23a, 24c, 31a, 31j, 32d, 35a,

 

35b, 39a, 99h, 99u, 101, 265, 297c, 297h, and 297i (MCL 388.1606,

 

388.1611, 388.1617c, 388.1618, 388.1623a, 388.1624c, 388.1631a,

 

388.1631j, 388.1632d, 388.1635a, 388.1635b, 388.1639a, 388.1699h,

 

388.1699u, 388.1701, 388.1865, 388.1897c, 388.1897h, and

 

388.1897i), section 6 as amended by 2018 PA 266, sections 11, 18,

 

24c, 31a, 31j, 32d, 35a, 39a, 99h, 99u, and 265 as amended and

 

sections 17c and 35b as added by 2018 PA 265, sections 23a and 101

 

as amended by 2016 PA 249, and sections 297c, 297h, and 297i as

 

added by 2018 PA 227, and by adding sections 31n, 61f, 61g, 61h,

 


74a, 99w, 99x, 99y, and 104f.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     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 1412 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. For the purposes of this

 

subdivision, for a pupil enrolled in a cyber school and utilizing

 

sequential learning, participation means that term as defined in


the pupil accounting manual, section 5-o-d: requirements for

 

counting pupils in membership-subsection 10.

 

     (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 or for pupils engaged in an

 

internship or work experience under section 1279h of the revised

 

school code, MCL 380.1279h, 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 or engagement in the internship

 

or work experience, 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.

 

     (ll) If a district's or public school academy's membership for

 

a particular fiscal year, as otherwise calculated under this

 

subsection, includes pupils counted in membership who are enrolled

 

under section 166b, all of the following apply for the purposes of

 

this subdivision:


     (i) If the district's or public school academy's membership

 

for pupils counted under section 166b equals or exceeds 5% of the

 

district's or public school academy's membership for pupils not

 

counted in membership under section 166b in the immediately

 

preceding fiscal year, then the growth in the district's or public

 

school academy's membership for pupils counted under section 166b

 

must not exceed 10%.

 

     (ii) If the district's or public school academy's membership

 

for pupils counted under section 166b is less than 5% of the

 

district's or public school academy's membership for pupils not

 

counted in membership under section 166b in the immediately

 

preceding fiscal year, then the district's or public school

 

academy's membership for pupils counted under section 166b must not

 

exceed the greater of the following:

 

     (A) 5% of the district's or public school academy's membership

 

for pupils not counted in membership under section 166b.

 

     (B) 10% more than the district's or public school academy's

 

membership for pupils counted under section 166b in the immediately

 

preceding fiscal year.

 

     (iii) If 1 or more districts consolidate or are parties to an

 

annexation, then the calculations under subdivisions (i) and (ii)

 

must be applied to the combined total membership for pupils counted

 

in those districts for the fiscal year immediately preceding the

 

consolidation or annexation.

 

     (mm) If Beginning with the 2019-2020 school year, if a

 

district, intermediate district, or public school academy charges

 

tuition for a pupil that resided out of state in the immediately


preceding school year, the pupil shall not be counted in membership

 

in the district, intermediate district, or public school academy.

 

     (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 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, a teacher

 

engaged to teach under section 1233b of the revised school code,

 

MCL 380.1233b, or an individual working under a valid substitute

 

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 the revised school code,

 

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, 2018,

 

there is appropriated for the public schools of this state and

 

certain other state purposes relating to education the sum of


$12,682,127,200.00 from the state school aid fund, the sum of

 

$78,500,000.00 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 from the

 

MPSERS retirement obligation reform reserve fund, and an amount not

 

to exceed $100.00 from the water emergency reserve fund. For the

 

fiscal year ending September 30, 2019, there is appropriated for

 

the public schools of this state and certain other state purposes

 

relating to education the sum of $12,876,825,200.00 from the state

 

school aid fund, the sum of $60,000,000.00 $87,920,000.00 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 $31,900,000.00 from the MPSERS retirement obligation

 

reform reserve fund, an amount not to exceed $30,000,000.00 from

 

the school mental health and support services fund created under

 

section 31m, 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 ending

 

September 30, 2018 and September 30, 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. 17c. (1) Except as otherwise provided under this article,

 

the department shall do both of the following for funds

 

appropriated under this article for grants distributed by the

 

department to districts, intermediate districts, and eligible

 

entities:

 

     (a) Not later than September 1 of each fiscal year, open the

 

grant application for funds appropriated for the subsequent fiscal

 

year. The department shall also provide to districts, intermediate

 

districts, and eligible entities, and post on its publicly

 

accessible website, the grant application and award process

 

schedule and the list of state grants and contracts available in

 

the subsequent fiscal year.

 

     (b) Not later than December 1 of each fiscal year, publish

 

grant awards for funds appropriated in that fiscal year.

 

     (2) Information for grants awarded from funds appropriated

 

under this article must be placed on the state board agenda in

 

August of the preceding fiscal year. However, this subsection does

 

not apply to grants awarded, directly or indirectly, from federal

 

funds or federal grants.

 

     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 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 benefit 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 center the special

 

education actual cost report, known as "SE-4096", on a form and in

 

the manner prescribed by the center. An intermediate district shall

 

perform certify the audit of a district's report.

 

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

 

district shall file with the center the audited transportation

 

expenditure report, known as "SE-4094", on a form and in the manner

 

prescribed by the center. An intermediate district shall perform

 

certify the audit of a district's report.

 

     (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), (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), (7), and (12). If the district or intermediate

 

district does not comply with subsections (4), (5), (6), (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, MCL 380.551, 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 information

 

concerning the operation of virtual learning for the immediately

 

preceding school fiscal year, including information concerning

 

summer programming. Information must be collected in a form and

 

manner determined by the department and must be collected in the


most efficient manner possible to reduce the administrative burden

 

on reporting entities.

 

     (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 and 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.

 

     (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, 2018, and annually thereafter, 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 in the

 

immediately preceding fiscal year. The report shall detail the

 

recipient or recipients, the amount allocated, and the purpose for

 

which the funds were distributed.

 

     Sec. 23a. (1) A dropout recovery program operated by a

 

district qualifies for the special membership counting provisions

 

of section 6(4)(dd) and the hours and day of pupil instruction

 

exemption under section 101(12) if the dropout recovery program

 

meets all of the following:

 

     (a) Enrolls only eligible pupils.

 

     (b) Provides an advocate or teacher of record, or both. An

 

advocate may serve in that role for more than 1 pupil but no more

 

than 50 pupils. An advocate or teacher of record may be employed by

 

the district or may be provided by an education management

 

organization that is partnering with the district. Before an

 

individual is assigned to be an advocate or teacher of record for a

 

pupil in the dropout recovery program, the district shall comply

 

with sections 1230 and 1230a of the revised school code, MCL

 

380.1230 and 380.1230a, with respect to that individual.

 

     (c) Develops a written learning plan.

 

     (d) Monitors the pupil's progress against the written learning

 

plan.

 

     (e) Requires each pupil to make satisfactory monthly progress,

 

as defined by the district under subsection (2).

 

     (f) Reports the pupil's progress results to the partner

 

district at least monthly.

 

     (g) The program may be operated on or off a district school


campus, but may be operated using distance learning online only if

 

the program provides a computer and Internet access for each

 

eligible pupil participating in the program.

 

     (h) Is operated throughout the entire calendar year.

 

     (i) If the district partners with an education management

 

organization for the program, the education management organization

 

has a dropout recovery program partnership relationship with at

 

least 1 other district.

 

     (2) A district operating a dropout recovery program under this

 

section shall adopt a definition of satisfactory monthly progress

 

that is consistent with the definition of that term under

 

subsection (3).

 

     (3) As used in this section:

 

     (a) "Advocate" means an adult available to meet in person with

 

assigned pupils, as needed, to conduct social interventions, to

 

proctor final examinations, and to provide academic and social

 

support to pupils enrolled in the district's dropout recovery

 

program.

 

     (b) "Education management organization" means a private

 

provider that operates 1 or more other dropout recovery programs

 

that meet the requirements of this section in partnership with 1 or

 

more districts.

 

     (c) "Eligible pupil" means a pupil who has been expelled from

 

school under the mandatory expulsion provisions in section 1311 or

 

1311a of the revised school code, MCL 380.1311 and 380.1311a, a

 

pupil who has been suspended or expelled from school under a local

 

policy, a pupil who is referred by a court, a pupil who is pregnant


or is a parent, a pupil who was previously a dropout, or a pupil

 

who is determined by the district to be at risk of dropping out.

 

     (d) "Satisfactory monthly progress" means an amount of

 

progress that is measurable on a monthly basis and that, if

 

continued for a full 12 months, would result in the same amount of

 

academic credit being awarded to the pupil as would be awarded to a

 

general education pupil completing a full school year. Satisfactory

 

monthly progress may include a lesser required amount of progress

 

for the first 2 months a pupil participates in the program.

 

     (e) "Teacher of record" means a teacher who holds a valid

 

Michigan teaching certificate; who, if applicable, is endorsed in

 

the subject area and grade of the course; and is responsible for

 

providing instruction, determining instructional methods for each

 

pupil, diagnosing learning needs, assessing pupil learning,

 

prescribing intervention strategies, reporting outcomes, and

 

evaluating the effects of instruction and support strategies. Until

 

February 1, 2020, if the district partners with an education

 

management organization for the program, the teacher of record may

 

be employed by or contracted through the education management

 

organization.

 

     (f) "Written learning plan" means a written plan developed in

 

conjunction with the advocate that includes the plan start and end

 

dates, courses to be taken, credit to be earned for each course,

 

teacher of record for each course, and advocate name and contact

 

information.

 

     Sec. 24c. (1) From the appropriation in section 11, there is

 

allocated an amount not to exceed $1,528,400.00 $1,545,400.00 for


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.

 

     (2) In addition to the funds allocated under subsection (1),

 

from the appropriation in section 11, there is allocated an amount

 

not to exceed $80,000.00 for 2018-2019 to a district for pupils who

 

enrolled in the youth challenge program but dropped out before the

 

pupil membership count day. The district shall use these funds to

 

support the youth challenge program.

 

     Sec. 31a. (1) From the state school aid fund money

 

appropriated in section 11, there is allocated for 2018-2019 an

 

amount not to exceed $510,207,300.00 $528,207,300.00 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,


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 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 K to 12 or, if the district or public school academy does

 

not operate all of grades K to 12, for all of the grades it

 

operates, must implement a multi-tiered system of supports that is

 

an evidence-based 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. The multi-tiered system of supports described in

 

this subsection must provide at least all of the following

 

essential components:

 

     (a) Team-based leadership.

 

     (b) A tiered delivery system.

 

     (c) Selection and implementation of instruction,

 

interventions, and supports.


     (d) A comprehensive screening and assessment system.

 

     (e) Continuous data-based decision making.

 

     (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. Funds spent on school

 

security under this subsection must be counted toward required

 

spending under subsection (16)(b).(16)(c).

 

     (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 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 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), for schools in

 

which more than 40% of pupils are identified as at-risk, a district

 

or public school academy may use the funds it receives under this

 

section to implement schoolwide reforms that are guided by the

 

district's comprehensive needs assessment and are included in the

 

district improvement plan. Schoolwide reforms must include parent

 

and community supports, activities, and services, that 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 5% 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 must be aligned to professional

 

learning standards; integrated into district, school building, and

 

classroom practices; and 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, except payments under subsection (7), (8), or (17), 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 2019-2020, 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 or have

 

achieved at least 1 year's growth in English language arts during

 

grade 3 as measured by a local benchmark assessment for the

 

immediately preceding school year, demonstrate to the satisfaction

 

of the department that at least 50% of at-risk pupils are

 

proficient in mathematics by the end of grade 8 as measured by the

 

state assessment for the immediately preceding school year or have

 

achieved at least 1 year's growth in mathematics during grade 8 as

 

measured by a local benchmark 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 in grade 3 that represents the

 

number of at-risk pupils in grade 3 that are not proficient in

 

English language arts by the end of grade 3 or that did not achieve


at least 1 year's growth in English language arts during grade 3,

 

and the district or public school academy shall expend that same

 

proportion multiplied by 1/3 of its total at-risk funds under this

 

section on tutoring and other methods of improving grade 3 English

 

language arts proficiency or growth.

 

     (b) The district or public school academy shall determine the

 

proportion of total at-risk pupils in grade 8 that represents the

 

number of at-risk pupils in grade 8 that are not proficient in

 

mathematics by the end of grade 8 or that did not achieve at least

 

1 year's growth in mathematics during grade 8, and the district or

 

public school academy shall expend that same proportion multiplied

 

by 1/3 of its total at-risk funds under this section on tutoring

 

and other methods of improving grade 8 mathematics proficiency or

 

growth.

 

     (c) The district or public school academy shall determine the

 

proportion of total at-risk pupils in grade 11 that represent

 

represents the number of at-risk 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 1/3 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.

 

     (17) As used in subsection (16), "total at-risk pupils" means

 

the sum of the number of pupils in grade 3 that are at-risk and the


number of pupils in grade 8 that are at-risk and the number of

 

pupils in grade 11 that are at-risk.

 

     (17) From the funds allocated under subsection (1), there is

 

allocated for 2018-2019 an amount not to exceed $18,000,000.00 for

 

payments to districts and public school academies that otherwise

 

received an allocation under this section in 2018-2019 and that

 

allocation was less than the district's or public school academy's

 

allocation under this section in 2017-2018. The allocation for each

 

district or public school academy under this subsection is an

 

amount equal to its allocation under this section in 2017-2018

 

minus its allocation as otherwise calculated under this section for

 

2018-2019. If necessary, and before any proration required under

 

section 296, the department shall prorate payments under this

 

subsection by reducing the amount of the allocation as otherwise

 

calculated under this subsection by an equal percentage per

 

district or public school academy.

 

     (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) 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. 31j. (1) From the general fund money appropriated in

 

section 11, there is allocated an amount not to exceed $575,000.00

 

for 2018-2019 for a pilot project to support districts in the

 

purchase of locally grown fruits and vegetables as described in

 

this section.

 

     (2) The department shall provide funding in an amount equal to

 

$125,000.00 per region to districts in prosperity regions 2, 4, 6,

 

and 9 for the pilot project described under this section. In

 

addition, the department shall provide funding in an amount equal

 

to $75,000.00 to districts in prosperity region 8 for the pilot

 

project described under this section. From the funding to districts


in subsection (1), funding retained by prosperity regions that

 

administer the project shall not exceed 10%, and funding retained

 

by the department for administration shall not exceed 6%. A

 

prosperity region may enter into a memorandum of understanding with

 

the department or another prosperity region, or both, to administer

 

the project. If the department administers the project for a

 

prosperity region, the department may retain up to 10% of that

 

prosperity region's funding for administration.

 

     (3) The department shall develop and implement a competitive

 

grant program for districts within the identified prosperity

 

regions to assist in paying for the costs incurred by the district

 

to purchase or increase purchases of whole or minimally processed

 

fruits, vegetables, and legumes grown in this state. The maximum

 

amount that may be drawn down on a grant to a district shall be

 

based on the number of meals served by the school district during

 

the previous school year under the Richard B. Russell national

 

school lunch act, 42 USC 1751 to 1769j. The department shall

 

collaborate with the Michigan department of agriculture and rural

 

development to provide training to newly participating schools and

 

electronic information on Michigan agriculture.

 

     (4) The goals of the pilot project include improving daily

 

nutrition and eating habits for children through the school

 

settings while investing in Michigan's agricultural and related

 

food business economy.

 

     (5) A district that receives a grant under this section shall

 

use those funds for the costs incurred by the school district to

 

purchase whole or minimally processed fruits, vegetables, and


legumes that meet all of the following:

 

     (a) Are purchased on or after the date the district received

 

notification from the department of the amount to be distributed to

 

the district under this subsection, including purchases made to

 

launch meals in September 2018 for the 2018-2019 school fiscal

 

year.

 

     (b) Are grown in this state and, if minimally processed, are

 

also processed in this state.

 

     (c) Are used for meals that are served as part of the United

 

States Department of Agriculture's child nutrition programs.

 

     (6) For Michigan-grown fruits, vegetables, and legumes that

 

satisfy the requirements of subsection (5), matching reimbursements

 

shall be made in an amount not to exceed 10 cents for every school

 

meal that is served as part of the United States Department of

 

Agriculture's child nutrition programs and that uses Michigan-grown

 

fruits, vegetables, and legumes.

 

     (7) A district that receives a grant for reimbursement under

 

this section shall use the grant to purchase whole or minimally

 

processed fruits, vegetables, and legumes that are grown in this

 

state and, if minimally processed, are also processed in this

 

state.

 

     (8) In awarding grants under this section, the department

 

shall work in conjunction with prosperity region offices, in

 

consultation with Michigan-based farm to school resource

 

organizations, to develop scoring criteria that assess an

 

applicant's ability to procure Michigan-grown products, prepare and

 

menu Michigan-grown products, promote and market Michigan-grown


products, and submit letters of intent from districts on plans for

 

educational activities that promote the goals of the program.

 

     (9) The department shall give preference to districts that

 

propose educational activities that meet 1 or more of the

 

following: promote healthy food activities; have clear educational

 

objectives; involve parents or the community; connect to a school's

 

farm-to-school procurement activities; and market and promote the

 

program, leading to increased pupil knowledge and consumption of

 

Michigan-grown products. Applications with robust marketing and

 

promotional activities shall receive stronger weighting and

 

consideration.

 

     (10) In awarding grants, the department shall also consider

 

all of the following: the percentage of children who qualify for

 

free or reduced price school meals under the Richard B. Russell

 

national school lunch act, 42 USC 1751 to 1769j; the variety of

 

school sizes and geographic locations within the identified

 

prosperity regions; and existing or future collaboration

 

opportunities between more than 1 district in a prosperity region.

 

     (11) As a condition of receiving a grant under this section, a

 

district shall provide or direct its vendors to provide to

 

prosperity region offices copies of monthly receipts that show the

 

quantity of different Michigan-grown fruits, vegetables, and

 

legumes purchased, the amount of money spent on each of these

 

products, the name and Michigan location of the farm that grew the

 

products, and the methods or plans to market and promote the

 

program. The district shall also provide to the prosperity region

 

monthly lunch numbers and lunch participation rates, and calendars


or monthly menus noting when and how Michigan-grown products were

 

used in meals. The district and school food service director or

 

directors also shall agree to respond to brief online surveys and

 

to provide a report that shows the percentage relationship of

 

Michigan spending compared to total food spending. Not later than

 

March 1, 2019, each prosperity region office, either on its own or

 

in conjunction with another prosperity region, shall submit a

 

report to the department on expected outcomes and related

 

measurements for economic development and children's nutrition and

 

readiness to learn based on progress so far. The report shall

 

include at least all of the following:

 

     (a) The extent to which farmers and related businesses,

 

including distributors and processors, see an increase in market

 

opportunities and income generation through sales of Michigan or

 

local products to districts. All of the following apply for

 

purposes of this subdivision:

 

     (i) The data used to determine the amount of this increase

 

shall be the total dollar amount of Michigan or local fruits,

 

vegetables, and legumes purchased by schools, along with the number

 

of different types of products purchased; school food purchasing

 

trends identified along with products that are of new and growing

 

interest among food service directors; the number of businesses

 

impacted; and the percentage of total food budget spent on

 

Michigan-grown fruits, vegetables, and legumes.

 

     (ii) The prosperity region office shall use purchasing data

 

collected for the project and surveys of school food service

 

directors on the impact and success of the project as the source


for the data described in subparagraph (i).

 

     (b) The ability to which pupils can access a variety of

 

healthy Michigan-grown foods through schools and increase their

 

consumption of those foods. All of the following apply for purposes

 

of this subdivision:

 

     (i) The data used to determine whether this subparagraph is

 

met shall be the number of pupils exposed to Michigan-grown fruits,

 

vegetables, and legumes at schools; the variety of products served;

 

new items taste-tested or placed on menus; and the increase in

 

pupil willingness to try new local, healthy foods.

 

     (ii) The prosperity region office shall use purchasing data

 

collected for the project, meal count and enrollment numbers,

 

school menu calendars, and surveys of school food service directors

 

as the source for the data described in subparagraph (i).

 

     (12) The department shall compile the reports provided by

 

prosperity region offices under subsection (11) into 1 legislative

 

report. The department shall provide this report not later than

 

April 1, 2019 to the house and senate subcommittees responsible for

 

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

 

budget director.

 

     Sec. 31n. (1) From the school mental health and support

 

services fund money appropriated in section 11, there is allocated

 

for 2018-2019 for the purposes of this section an amount not to

 

exceed $30,000,000.00 and from the general fund money appropriated

 

in section 11, there is allocated for 2018-2019 for the purposes of

 

this section an amount not to exceed $1,300,000.00. Not later than

 

February 15, 2019, the department and the department of health and


human services shall establish a program to distribute this funding

 

to add licensed behavioral health providers for general education

 

pupils, and shall seek federal Medicaid match funding for all

 

eligible mental health and support services.

 

     (2) Not later than February 15, 2019, the department and the

 

department of health and human services shall create an advisory

 

council and define goals for implementation of programs funded

 

under this section, and shall provide feedback on that

 

implementation. At a minimum, the advisory council shall include

 

representatives of state associations representing school health,

 

school mental health, school counseling, education, health care,

 

and other organizations, representatives from the department and

 

the department of health and human services, and a representative

 

from the school safety task force created under Executive Order No.

 

2018-5. The department and department of health and human services,

 

working with the advisory council, shall determine an approach to

 

increase capacity for mental health and support services in schools

 

for general education pupils, and shall determine where that

 

increase in capacity qualifies for federal Medicaid match funding.

 

     (3) The advisory council shall develop a fiduciary agent

 

checklist for intermediate districts to facilitate development of a

 

plan to submit to the department and to the department of health

 

and human services. The department and department of health and

 

human services shall determine the requirements and format for

 

intermediate districts to submit a plan for possible funding under

 

subsection (5). Applications for funding for this program shall be

 

made available to districts and intermediate districts not later


than March 1, 2019, and funding shall be awarded not later than

 

April 1, 2019.

 

     (4) Not later than January 1, 2019, the department of health

 

and human services shall seek to amend the state Medicaid plan or

 

obtain appropriate Medicaid waivers as necessary for the purpose of

 

generating additional Medicaid match funding for school mental

 

health and support services for general education pupils. It is the

 

intent of the legislature that a successful state plan amendment or

 

other Medicaid match mechanisms will result in additional federal

 

Medicaid match funding for both the new funding allocated under

 

this section and for any expenses already incurred by districts and

 

intermediate districts for mental health and support services for

 

general education pupils.

 

     (5) From the funds allocated under subsection (1), there is

 

allocated an amount not to exceed $5,000,000.00 to be distributed

 

to the existing network of child and adolescent health centers to

 

place a licensed master's level behavioral health provider in

 

schools that do not currently have services available to general

 

education students. Existing child and adolescent health centers

 

receiving funding under this subsection shall provide a commitment

 

to maintain services and implement all available federal Medicaid

 

match methodologies. The department of health and human services

 

shall use all existing or additional federal Medicaid match

 

opportunities to maximize funding allocated under this subsection.

 

Funds under this subsection shall be provided to existing child and

 

adolescent health centers in the same proportion that funding under

 

section 31a(7) is provided to child and adolescent health centers


located and operating in those districts.

 

     (6) From the funds allocated under subsection (1), there is

 

allocated an amount not to exceed $16,500,000.00 to be distributed

 

to intermediate districts for the provision of mental health and

 

support services to general education students. From the funds

 

allocated under this subsection, the department shall distribute

 

$294,500.00 to each intermediate district that submits a plan

 

approved by the department and the department of health and human

 

services. The department and department of health and human

 

services shall work cooperatively in providing oversight and

 

assistance to intermediate districts during the plan submission

 

process and shall monitor the program upon implementation. An

 

intermediate district shall use funds awarded under this subsection

 

to provide funding to its constituent districts, including public

 

school academies that are considered to be constituent districts

 

under section 705(7) of the revised school code, MCL 380.705, for

 

the provision of mental health and support services to general

 

education students. In addition to the criteria identified under

 

subsection (7), an intermediate district shall consider geography,

 

cost, or other challenges when awarding funding to its constituent

 

districts. If funding awarded to an intermediate district remains

 

after funds are provided by the intermediate district to its

 

constituent districts, the intermediate district may hire or

 

contract for experts to provide mental health and support services

 

to general education students residing within the boundaries of the

 

intermediate district.

 

     (7) A district requesting funds under this section from the


intermediate district in which it is located shall submit an

 

application for funding for the provision of mental health and

 

support services to general education pupils. A district receiving

 

funding from the application process described in this subsection

 

shall provide services to nonpublic students upon request. An

 

intermediate district shall not discriminate against an application

 

submitted by a public school academy simply on the basis of the

 

applicant being a public school academy. Grant applications shall

 

be approved based on the following criteria:

 

     (a) The district's commitment to maintain mental health and

 

support services delivered by licensed providers into future fiscal

 

years.

 

     (b) The district's commitment to implement all federal

 

Medicaid match methodologies and provide a local match of at least

 

20%.

 

     (c) The district's commitment to adhere to any local funding

 

requirements determined by the department and the department of

 

health and human services.

 

     (d) The extent of the district's existing partnerships with

 

community health care providers or the ability of the district to

 

establish such partnerships.

 

     (e) The district's documentation of need, including gaps in

 

current mental health and support services for the general

 

education population.

 

     (f) The district's submission of a formal plan of action

 

identifying the number of schools and students to be served.

 

     (g) Whether the district will participate in ongoing


trainings.

 

     (h) Whether the district will submit an annual report to the

 

state.

 

     (i) Whether the district demonstrates a willingness to work

 

with the state to establish program and service delivery

 

benchmarks.

 

     (j) Whether the district has developed a school safety plan or

 

is in the process of developing a school safety plan.

 

     (k) Any other requirements determined by the department or the

 

department of health and human services.

 

     (8) Funding under this section, including any federal Medicaid

 

funds that are generated, shall not be used to supplant existing

 

services.

 

     (9) Both of the following are allocated for 2018-2019 to the

 

department of health and human services from the general fund money

 

allocated under subsection (1):

 

     (a) An amount not to exceed $1,000,000.00 for the purpose of

 

upgrading technology and systems infrastructure and other

 

administrative requirements to support the programs funded under

 

this section.

 

     (b) An amount not to exceed $300,000.00 for the purpose of

 

administering the programs under this section and working on

 

generating additional Medicaid funds as a result of programs funded

 

under this section.

 

     (10) From the funds allocated under subsection (1), there is

 

allocated for 2018-2019 an amount not to exceed $500,000.00 to

 

intermediate districts on an equal per intermediate district basis


for the purpose of administering programs funded under this

 

section.

 

     (11) The department and the department of health and human

 

services shall work with the advisory council to develop proposed

 

measurements of outcomes and performance. Those measurements shall

 

include, at a minimum, the number of pupils served, the number of

 

schools served, and where those pupils and schools were located.

 

The department and the department of health and human services

 

shall compile data necessary to measure outcomes and performance,

 

and districts and intermediate districts receiving funding under

 

this section shall provide data requested by the department and

 

department of health and human services for the measurement of

 

outcomes and performance. The department and department of health

 

and human services shall provide a report not later than December

 

1, 2019 and by December 1 annually thereafter to the house and

 

senate appropriations subcommittees on school aid and health and

 

human services, and to the house and senate fiscal agencies. At a

 

minimum, the report shall include measurements of outcomes and

 

performance, proposals to increase efficacy and usefulness,

 

proposals to increase performance, and proposals to expand

 

coverage.

 

     (12) From the funds allocated in subsection (1), there is

 

allocated for 2018-2019 an amount not to exceed $8,000,000.00 for

 

the behavioral health team pilot program. The department shall

 

award funds under this subsection to intermediate school districts

 

to create school-based behavioral health assessment teams utilizing

 

a "train the trainer" model of training that focuses on providing


age-appropriate interventions, identifying behaviors that suggest a

 

pupil may be struggling with mental health challenges, providing

 

treatment and support of the pupil, and using disciplinary

 

interventions and the criminal justice system as methods of last

 

resort. The intermediate district may hire or contract with experts

 

to provide training to intermediate district staff so that it may

 

provide similar training for staff of the constituent districts.

 

The department shall award the entire $8,000,000.00 allocated under

 

this subsection by allocating an equal dollar amount to each

 

intermediate district that has its application approved under

 

subsection (13).

 

     (13) An intermediate district shall apply for funds under

 

subsection (12) in a form and manner determined by the department.

 

The application shall include, but is not limited to, all of the

 

following:

 

     (a) A detailed plan on how the intermediate district will work

 

with constituent districts to identify a behavioral health

 

assessment team within each school to be trained under this pilot.

 

The plan shall demonstrate that a behavioral health assessment team

 

must consist of, but is not limited to, all of the following

 

individuals:

 

     (i) School administrators and teachers.

 

     (ii) An individual whose primary purpose is ensuring safety in

 

a school.

 

     (iii) Pathways to potential workers, if the school

 

participates in the pathways to potential program.

 

     (iv) Local mental health agency representatives.


     (v) Local law enforcement agency personnel.

 

     (vi) If appropriate under the model being used, a pupil.

 

     (b) Identification of a behavioral health assessment training

 

implementation plan that shall include a description of how results

 

of the training will be incorporated into administrative policies

 

and a comprehensive school safety plan, including into a multi-

 

tiered system of support.

 

     (14) The funds allocated under this section for 2018-2019 are

 

a work project appropriation, and any unexpended funds for 2018-

 

2019 are carried forward into 2019-2020. The purpose of the work

 

project is to continue to provide funding for the expansion of

 

mental health and support services for general education students.

 

The estimated completion date of the work project is September 30,

 

2022.

 

     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 $244,600,000.00 for 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) From the funds allocated under subsection (1), an amount

 

not to exceed $242,600,000.00 is 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 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 center in a form and manner prescribed by the center the

 

information necessary to derive the number of children

 

participating in the program who meet the income program

 

eligibility criteria under subsection (5)(b), the number of

 

eligible children not participating in the program and on a

 

waitlist, and the total number of children participating in the

 

program by various demographic groups and eligibility factors

 

necessary to analyze equitable and priority access to services for

 

the purposes of subsection (3).

 

     (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,

 

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) Subject to, and from the funds allocated under,

 

subsection (19), the department shall reimburse a program for

 

transportation costs related to parent- or guardian-accompanied

 

transportation provided by transportation service companies, buses,

 

or other public transportation services. To be eligible for

 

reimbursement under this subsection, a program must be a community-

 

based provider and must submit to the department intermediate

 

district or consortia of intermediate districts all of the

 

following:

 

     (a) The names of families provided with transportation support

 

along with a documented reason for the need for transportation

 

support and the type of transportation provided.

 

     (b) Financial documentation of actual transportation costs

 

incurred by the program, including, but not limited to, receipts

 

and mileage reports, as determined by the department.

 

     (c) Any other documentation or information determined

 

necessary by the department.

 

     (21) 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 make available to intermediate

 

districts at least 2 classroom level quality assessments that were

 

approved in 2018.

 

     (22) 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.

 

     (23) The department shall implement a process to evaluate and

 

approve age-appropriate educational curricula that are in

 

compliance with the early childhood standards of quality for

 

prekindergarten children adopted by the state board.

 

     (24) From the funds allocated under subsection (1), there is

 

allocated an amount not to exceed $1,000,000.00 $2,000,000.00 for

 

payments to intermediate districts or consortia of intermediate

 

districts for professional development and training materials for

 

educators in programs implementing new curricula in 2019-2020.

 

     (25) 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. 35a. (1) From the appropriations in section 11, there is


allocated for 2018-2019 for the purposes of this section an amount

 

not to exceed $26,900,000.00 $27,900,000.00 from the state school

 

aid fund and an amount not to exceed $3,000,000.00 $3,500,000.00

 

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 $7,000,000.00 for 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 $19,900,000.00 for 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

 

components:

 

     (A) Team-based leadership.

 

     (B) A tiered delivery system.

 

     (C) Selection and implementation of instruction,

 

interventions, and supports.

 

     (D) A comprehensive screening and assessment system.

 

     (E) Continuous data-based decision making.


     (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 on an equal per-first-grade-pupil

 

basis.

 

     (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) Not later than September 1, 2019, a district that receives

 

funding under this section, in conjunction with the Michigan data

 

hub network, if possible, shall provide to the department a report

 

that includes at least both of the following, in a form and manner

 

prescribed by the department:

 

     (a) For pupils in grades K to 3, the pupils, schools, and

 

grades served with funds under this section and the categories of

 

services provided.


     (b) For pupils in grades K to 3, pupil proficiency and growth

 

data that allows analysis both in the aggregate and by each of the

 

following subgroups, as applicable:

 

     (i) School.

 

     (ii) Grade level.

 

     (iii) Gender.

 

     (iv) Race.

 

     (v) Ethnicity.

 

     (vi) Economically disadvantaged status.

 

     (vii) Disability.

 

     (viii) Pupils identified as having reading deficiencies.

 

     (7) From the general fund money allocated in subsection (1),

 

the department shall allocate the amount of $2,500,000.00

 

$3,000,000.00 for 2018-2019 to the Michigan Education Corps for the

 

PreK Reading Corps, the K3 Reading Corps, and the Math Corps. All

 

of the following apply to funding under this subsection:

 

     (a) By September 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 PreK Reading Corps, K3 Reading Corps,

 

and Math Corps programs 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 programs on this state in terms

 

of numbers of children and schools 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, mean, and standard deviation.

 

     (iii) Whether the literacy or math improvement of children

 

participating in the programs is consistent with expectations. This

 

portion of the report shall detail at least all of the following:

 

     (A) Growth rate by grade or age 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 programs 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 unless agreed to in

 

writing by the Michigan Education Corps. The department shall award

 

the entire $2,500,000.00 $3,000,000.00 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.

 

     (8) From the general fund money allocated under subsection

 

(1), there is allocated an amount not to exceed $500,000.00 for

 

2018-2019 for a grant to an eligible program that has a goal to

 

slow or prevent the K to 4 summer reading slide among all pupils

 

enrolled in grades K to 4, particularly those from economically

 

disadvantaged households. Funds allocated under this subsection are

 

grant funds and must be distributed by the department. A program is

 

eligible if it meets at least all of the following:

 

     (a) The program's objective is to deliver a bilingual, in-

 

home, individualized summer reading program consisting of self-

 

selected, independent reading level books to K to 4 pupils each

 

week during the summer.

 

     (b) Is evaluated quantitatively and qualitatively using pre-

 

and post-standardized test score comparison and parent and school

 

surveys specific to each district.

 

     (c) Incorporates at least weekly interactive parental and

 

family engagement during the summer.

 

     (d) Builds on pedagogical and literacy principles to scaffold

 

fluency to improve reading comprehension with pupil exercises.

 

     (e) Provides at least 4, and up to 9, student-selected new


books to read and keep.

 

     (f) Collects, analyzes, and reports detailed data on parental

 

engagement, books read, and spring-to-fall reading scores.

 

     (g) Follows the department's top 10 in 10 goals and

 

strategies, with an emphasis on goals 4 and 5.

 

     (h) Focuses on in-home program delivery through weekly

 

mailings.

 

     (i) Provides summary data to the legislature and to the

 

department for all pupils served by the program after each summer.

 

     (9) From the state school aid fund money allocated under

 

subsection (1), there is allocated an amount not to exceed

 

$1,000,000.00 for 2018-2019 to an intermediate district in which

 

the combined total number of pupils in membership of all of its

 

constituent districts is the fewest among all intermediate

 

districts. All of the following apply to the funding under this

 

subsection:

 

     (a) Funding under this subsection must be used by the

 

intermediate district, in partnership with an association that

 

represents intermediate district administrators in this state, to

 

implement both of the following:

 

     (i) Literacy essentials teacher and principal training

 

modules.

 

     (ii) Face-to-face and online professional learning of literacy

 

essentials teacher and principal training modules for literacy

 

coaches, principals, and teachers.

 

     (b) Not later than September 1 of each year, the intermediate

 

district described in this subsection, in consultation with grant


recipients, shall submit a report to the chairs of the senate and

 

house appropriations subcommittees on state school aid and the

 

chairs of the senate and house standing committees responsible for

 

education legislation. The report described under this subdivision

 

must include student achievement results in English language arts

 

and survey results with feedback from parents and teachers

 

regarding the initiatives implemented under this subsection.

 

     (10) Notwithstanding section 17b, payments made under

 

subsection (9) shall be made not later than March 1, 2019.

 

     Sec. 35b. (1) From the funds general fund money appropriated

 

in section 11, there is allocated for 2018-2019 an amount not to

 

exceed $250,000.00 for a grant to be distributed by the department

 

to an eligible district the Children's Choice Initiative to create

 

a pilot program to use a multisensory structured language education

 

method to improve reading proficiency rates and to comply with

 

section 1280f of the revised school code, MCL 380.1280f.

 

     (2) A district is eligible for a grant under this section if

 

all of the following are met:

 

     (a) A dyslexia center accredited by the International

 

Multisensory Structured Language Education Council is located in

 

the district.

 

     (b) The district partners with the dyslexia center described

 

in subdivision (a) to provide multisensory structured language

 

education for pupils in grades K to 3 identified as having an early

 

literacy delay or reading deficiency.

 

     (c) The district has a pupil membership greater than 7,000 and

 

less than 8,000.


     (2) (3) A district may expend grant Grant funds awarded under

 

this section , in collaboration with the dyslexia center described

 

in subsection (2)(a), must be expended for the following purposes:

 

     (a) Professional development including training staff and

 

tutors in the a multisensory, sequential, systematic education

 

approach. used by the dyslexia center.

 

     (b) Additional instructional time before, during, or after

 

school for pupils in grades K to 3 identified as having an early

 

literacy delay or reading deficiency using the a multisensory,

 

sequential, systematic education approach. used by the dyslexia

 

center.

 

     (3) (4) Not later than December 1, 2020, a district an entity

 

that receives grant funds under this section shall report to the

 

house and senate appropriations subcommittees on school aid, the

 

house and senate fiscal agencies, and the state budget director on

 

all of the following for the grant funds awarded under this

 

section:

 

     (a) The number of staff and tutors trained.

 

     (b) The number of pupils in grades K to 3 identified as having

 

an early literacy delay or reading deficiency served.

 

     (c) The number of hours of added instructional time provided

 

to pupils served.

 

     (d) Pupil reading proficiency and growth data of pupils served

 

necessary to evaluate the effectiveness of the program.

 

     Sec. 39a. (1) From the federal funds appropriated in section

 

11, there is allocated for 2018-2019 to districts, intermediate

 

districts, and other eligible entities all available federal


funding, estimated at $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 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 $100,000,000.00 for 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 $11,000,000.00 for 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 $2,800,000.00 for 2018-2019 for

 

rural and low income schools, funded from DED-OESE, rural and low

 

income school funds.

 

     (e) An amount estimated at $535,000,000.00 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) An amount estimated at $9,200,000.00 for 2018-2019 for the

 

purpose of identifying and serving migrant children, funded from

 

DED-OESE, title I, migrant education funds.

 

     (g) An amount estimated at $39,000,000.00 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) An amount estimated at $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) An amount estimated at $15,400,000.00 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 under the former

 

section 32r, 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 2018-2019 to districts, intermediate districts,

 

and other eligible entities all available federal funding,

 

estimated at $30,000,000.00 $51,200,000.00 for 2018-2019 for the

 

following programs that are funded by federal grants:

 

     (a) An amount estimated at $100,000.00 for 2018-2019 for

 

acquired immunodeficiency syndrome education grants, funded from

 

HHS – Centers for Disease Control and Prevention, AIDS funding.

 

     (b) An amount estimated at $1,900,000.00 for 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 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 for 2018-2019 for

 

providing career and technical education services to pupils, funded

 

from DED-OVAE, basic grants to states.

 

     (e) An amount estimated at $14,000,000.00 for 2018-2019 for

 

the Michigan charter school subgrant program, funded from DED–OII,

 

public charter schools program funds.

 

     (f) An amount estimated at $7,200,000.00 for 2018-2019 for the

 

purpose of promoting and expanding high-quality preschool services,

 

funded from HHS–OCC, preschool development funds.

 

     (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-OII" means the DED Office of Innovation and

 

Improvement.

 

     (d) (c) "DED-OVAE" means the DED Office of Vocational and

 

Adult Education.

 

     (e) (d) "HHS" means the United States Department of Health and

 

Human Services.

 

     (f) "HHS-OCC" means the HHS Office of Child Care.

 

     (g) (e) "HHS-SAMHSA" means the HHS Substance Abuse and Mental

 

Health Services Administration.

 

     Sec. 61f. (1) From the funds appropriated under section 11,

 

there is allocated an amount not to exceed $200,000.00 for 2018-

 

2019 for a grant to support a program that is an innovative

 

retention and completion program designed to create a seamless

 

educational and career pathway support structure and that does at

 

least all of the following:

 

     (a) Creates a pipeline from kindergarten to a college

 

credential.


     (b) Provides coaching at all levels of K-12 education to

 

foster an environment that educates pupils on the availability and

 

positive outcomes from postsecondary education.

 

     (c) Introduces career clusters to elementary school pupils,

 

career pathways to middle school pupils, and develops pupil success

 

plans for high school pupils.

 

     (d) Provides family literacy sessions.

 

     (e) Provides a summer bridge program to ensure seamless

 

transition from high school to postsecondary educational

 

opportunities.

 

     (f) Introduces K-12 pupils to college and career opportunities

 

at postsecondary campuses and bridges those pupils into the

 

respective postsecondary institutions for coursework.

 

     (g) Creates a partnership between area districts, a community

 

college, and a public university to serve pupils in the program.

 

     (h) Synchronizes families and pupils to assess and understand

 

their knowledge of how to be successful in school and work.

 

     (2) The department shall distribute the funds awarded under

 

subsection (1) not later than February 15, 2019 to Mott Community

 

College to implement the program under this section. Funds

 

allocated under this section may be used for salaries and benefits,

 

supply and programming costs, and gap scholarships.

 

     Sec. 61g. (1) From the funds appropriated under section 11,

 

there is allocated for 2018-2019 an amount not to exceed $50,000.00

 

for a grant to an eligible intermediate district for the expansion

 

of programs for high-demand future jobs as prescribed under this

 

section.


     (2) An intermediate district is eligible for funds under this

 

section if the intermediate district meets all of the following:

 

     (a) The total combined memberships of its constituent

 

districts is at least 20,000 and not more than 30,000.

 

     (b) The intermediate district is located in prosperity region

 

6.

 

     (c) The intermediate district agrees to provide a 100% match

 

of the funding it receives under this section.

 

     (3) An intermediate district that receives funds under this

 

section shall use the funds for start-up costs, including the

 

purchase of tools, equipment, hardware, software, furniture, and

 

supplies for energy technology and cybersecurity programs.

 

     (4) Notwithstanding section 17b, payments made under this

 

section shall be made not later than March 1, 2019.

 

     Sec. 61h. (1) From the funds allocated under section 11, there

 

is allocated an amount not to exceed $1,200,000.00 for 2018-2019 to

 

an eligible intermediate district to act as the fiscal agent in

 

support of the statewide virtual reality training initiative

 

described in subsection (2). An intermediate district is eligible

 

for funding under this section if it meets both of the following:

 

     (a) The combined total membership of its constituent districts

 

is at least 10,000 and not more than 11,000.

 

     (b) The intermediate district is located in prosperity region

 

6.

 

     (2) The statewide virtual reality training initiative

 

supported by funding under this section is a collaborative effort

 

between private and public sector groups to provide training


opportunities in targeted areas, and shall do all of the following:

 

     (a) Focus on skilled trades, nursing, law enforcement, and

 

life skills for the developmentally challenged.

 

     (b) Bring together intermediate districts, private sector

 

labor and management, and state resources to provide a unique

 

experience using virtual reality to expose potential employees to

 

career opportunities and provide cutting-edge training for existing

 

employees.

 

     (c) Partner with a small business start-up company focused on

 

using virtual reality in the areas of education and training to

 

develop custom content.

 

     (d) Create a talent development track.

 

     (3) Notwithstanding section 17b, payments made under this

 

section shall be provided to an eligible intermediate district not

 

later than March 1, 2019.

 

     Sec. 74a. (1) From the funds appropriated in section 11, there

 

is allocated an amount not to exceed $810,000.00 for 2018-2019 to

 

an eligible intermediate district to implement a statewide school

 

bus driver safety program.

 

     (2) An intermediate district is eligible to receive funds

 

under this section if the intermediate district meets all of the

 

following:

 

     (a) The total combined membership of its constituent districts

 

is at least 7,000 and not more than 8,000.

 

     (b) The intermediate district is located in prosperity region

 

4.

 

     (c) The intermediate district consists of 2 formerly


independent intermediate districts that consolidated into 1

 

intermediate district.

 

     (3) A statewide school bus driver safety program funded under

 

this section must provide transportation staff training on how to

 

respond to acts of violence by using the model known as Alert,

 

Lockdown, Inform, Counter, Evacuate (A.L.I.C.E.) for school buses.

 

     (4) Notwithstanding section 17b, payments made under this

 

section shall be provided to an eligible intermediate district not

 

later than March 1, 2019.

 

     Sec. 99h. (1) From the state school aid fund appropriation in

 

section 11, there is allocated an amount not to exceed

 

$3,000,000.00 for 2017-2018 and an amount not to exceed

 

$3,000,000.00 $4,500,000.00 for 2018-2019 for competitive grants to

 

districts and intermediate districts, and from the general fund

 

appropriation in section 11, there is allocated an amount not to

 

exceed $300,000.00 each fiscal year for 2017-2018 and for 2018-2019

 

for competitive grants to nonpublic schools 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, or, beginning in 2018-

 

2019, other competitive robotics programs, including those hosted

 

by the Robotics Education and Competition (REC) Foundation.

 

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, nonpublic schools, and intermediate districts 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, nonpublic school, or intermediate district

 

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, nonpublic school, or intermediate district

 

shall demonstrate in its application that the district, nonpublic

 

school, or intermediate district has established a partnership for

 

the purposes of the 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 robotics program.

 

     (3) The department shall distribute the grant funding under

 

this section for the following purposes:

 

     (a) Grants to districts, nonpublic schools, or intermediate

 

districts to pay for stipends not to exceed $1,500.00 for 1 coach

 

per team.

 

     (b) Grants to districts, nonpublic schools, or intermediate

 

districts for event registrations, materials, travel costs, and

 

other expenses associated with the preparation for and attendance


at 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, nonpublic schools, or intermediate

 

districts 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 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.

 

     (6) The funds allocated under this section for 2017-2018 are a

 

work project appropriation, and any unexpended funds for 2017-2018

 

are carried forward into 2018-2019. The purpose of the work project

 

is to continue support of FIRST Robotics and must not be used to

 

support other robotics competitions. The estimated completion date

 

of the work project is September 30, 2020.

 

     Sec. 99u. (1) From the general fund appropriation under

 

section 11, there is allocated for 2018-2019 an amount not to

 

exceed $1,500,000.00 to purchase statewide access to an online

 

mathematics tool that meets all of the following:


     (a) Provides students statewide with complete access to

 

mathematics support aligned with state standards through a program

 

that has all of the following elements:

 

     (i) Student motivation.

 

     (ii) Valid and reliable assessments.

 

     (iii) Personalized learning pathways.

 

     (iv) Highly qualified, live teachers available all day and all

 

year.

 

     (v) Twenty-four-hour reporting.

 

     (vi) Content built for rigorous mathematics.

 

     (b) Has a record of improving student mathematics scores in at

 

least 5 other states.

 

     (c) Received funding under this section in 2017-2018.

 

     (2) A grantee that receives funding under this section shall

 

comply with the requirements of section 19b.

 

     (3) In addition to the funds allocated under subsection (1),

 

from the general fund appropriation in section 11, there is

 

allocated for 2018-2019 an amount not to exceed $500,000.00 for a

 

software-based solution designed to teach Spanish language literacy

 

to students in pre-kindergarten through first grade. A program

 

funded under this subsection shall be a grant to a the eligible

 

provider that promotes bilingualism and biliteracy, and is based on

 

research that shows how students who become proficient readers in

 

their first language have an easier time making the transition to

 

reading proficiency in a second language. A provider of programming

 

under subsection (1) is an the eligible provider of programming

 

under this subsection.


     (4) In addition to the funds allocated under subsection (1),

 

from the general fund money appropriated in section 11, there is

 

allocated for 2018-2019 an amount not to exceed $1,000,000.00 for a

 

pilot program to provide explicit, targeted literacy instruction

 

within an individualized learning path that continually adjusts to

 

a pupil's needs. A program funded under this subsection shall be a

 

grant to the eligible provider that promotes literacy by teaching

 

critical language and literacy concepts such as reading and

 

listening comprehension, basic vocabulary, academic language,

 

grammar, phonological awareness, phonics, and fluency. A pilot

 

program funded under this subsection shall cover both the remainder

 

of 2018-2019 and also the entire 2019-2020 school year. A provider

 

of programming under subsection (1) is the eligible provider of

 

programming under this subsection.

 

     (5) Notwithstanding section 17b, payments made under this

 

section shall be made not later than March 1, 2019.

 

     Sec. 99w. (1) From the general fund money appropriated under

 

section 11, there is allocated an amount not to exceed $500,000.00

 

for 2018-2019 to facilitate a culture of health and physical

 

activity as part of daily life. Funding under this section shall be

 

a grant to the Michigan Fitness Foundation to work with the

 

department to invest in a physical education curriculum. Funding

 

under this section may support staff, evaluation, assessment,

 

technology, meetings, training, travel, materials, and other

 

administrative expenses in support of an updated physical education

 

curriculum. Funding under this section may be used as matching

 

dollars to qualify for federal and private resources to support


physical education.

 

     (2) Notwithstanding section 17b, payments made under this

 

section shall be made not later than March 1, 2019.

 

     Sec. 99x. (1) From the general fund money appropriated under

 

section 11, there is allocated for 2018-2019 an amount not to

 

exceed $300,000.00 for Teach for America to host a summer training

 

institute in the city of Detroit, recruit teachers into a master

 

teacher fellowship, and retain a committed alumni community. A

 

program funded under this section must provide coaching and

 

professional development, with the goal to produce highly effective

 

teachers that move pupils beyond their growth benchmarks.

 

     (2) Notwithstanding section 17b, payments made under this

 

section shall be made not later than March 1, 2019.

 

     Sec. 99y. (1) From the funds appropriated in section 11, there

 

is allocated an amount not to exceed $60,000.00 for 2018-2019 to an

 

eligible district to provide pupils with a STEM and

 

entrepreneurship pilot program. To be eligible, a district must

 

have a membership that is greater than 40,000.

 

     (2) An eligible district must use the funds allocated under

 

this section to implement a pilot program that meets all of the

 

following:

 

     (a) Provides a STEM enrichment program with a focus on

 

technology and entrepreneurship for pupils in grades 4 to 8.

 

     (b) Provides self-paced, pupil-centered programming designed

 

to create in-school, after-school, and out-of-school experiences.

 

     (c) Includes a built-in curriculum and lesson plans with

 

support provided by trained mentors.


     (3) Notwithstanding section 17b, payments made under this

 

section shall be made not later than March 1, 2019.

 

     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 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 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, as provided under

 

section 1561 of the revised school code, MCL 380.1561, shall submit

 

to the center and the intermediate superintendent, in the form and

 

manner prescribed by the center, the number of pupils enrolled and

 

in regular daily attendance in the district for the current school

 

year pursuant to rules promulgated by the superintendent. Not later

 

than the sixth Wednesday after the pupil membership count day and

 

not later than the sixth Wednesday after the supplemental count

 

day, the district shall certify 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 state aid due to be

 

distributed under this article shall be withheld 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 shall be punished in the manner prescribed by section

 

161.

 

     (2) To be eligible to receive state aid under this article,

 

not later than the twenty-fourth Wednesday after the pupil

 

membership count day and not later than the twenty-fourth Wednesday

 

after the supplemental count day, an intermediate district shall

 

submit to the center, in a form and manner prescribed by the

 

center, the audited enrollment and attendance data for the pupils

 

of its constituent districts and of the intermediate district. If

 

an intermediate district fails to submit the audited data as

 

required under this subsection, state aid due to be distributed

 

under this article shall be withheld from the defaulting

 

intermediate district immediately, beginning with the next payment

 

after the failure and continuing with each payment until the

 

intermediate district complies with this subsection. If an

 

intermediate district does not comply with this subsection by the

 

end of the fiscal year, the intermediate district forfeits the

 

amount withheld.

 

     (3) Except as otherwise provided in subsections (11) and (12),

 

all of the following apply to the provision of pupil instruction:

 

     (a) Except as otherwise provided in this section, each

 

district shall provide at least 1,098 hours and, beginning in 2010-

 

2011, the required minimum number of days of pupil instruction.


Beginning in 2014-2015, the required minimum number of days of

 

pupil instruction is 175. However, all of the following apply to

 

these requirements:

 

     (i) If a collective bargaining agreement that provides a

 

complete school calendar was in effect for employees of a district

 

as of July 1, 2013, and if that school calendar is not in

 

compliance with this subsection, then this subsection does not

 

apply to that district until after the expiration of that

 

collective bargaining agreement. If a district entered into a

 

collective bargaining agreement on or after July 1, 2013 and if

 

that collective bargaining agreement did not provide for at least

 

175 days of pupil instruction beginning in 2014-2015, then the

 

department shall withhold from the district's total state school

 

aid an amount equal to 5% of the funding the district receives in

 

2014-2015 under sections 22a and 22b.

 

     (ii) A district may apply for a waiver under subsection (9)

 

from the requirements of this subdivision.

 

     (b) Beginning in 2016-2017, the required minimum number of

 

days of pupil instruction is 180. If a collective bargaining

 

agreement that provides a complete school calendar was in effect

 

for employees of a district as of the effective date of the

 

amendatory act that added this subdivision, 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.


     (c) 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 shall forfeit 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 deduction of state aid

 

shall be made 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).

 

     (d) Hours or days lost because of strikes or teachers'

 

conferences shall not be counted as hours or days of pupil

 

instruction.

 

     (e) If a collective bargaining agreement that provides a

 

complete school calendar is in effect for employees of a district

 

as of October 19, 2009, and if that school calendar is not in

 

compliance with this subsection, then this subsection does not

 

apply to that district until after the expiration of that

 

collective bargaining agreement.


     (f) Except as otherwise provided in subdivisions (g) and (h),

 

a district not having at least 75% of the district's membership in

 

attendance on any day of pupil instruction shall receive state aid

 

in that proportion of 1/180 that the actual percent of attendance

 

bears to the specified percentage.

 

     (g) 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 (f) 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 district shall receive

 

state aid in that proportion of 1/180 that the actual percentage of

 

attendance bears to the specified percentage. 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.

 

     (h) 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 (f). The

 

waiver shall indicate that an eligible district is subject to the

 

proration provisions of subdivision (f) 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.

 

     (i) All of the following apply to a waiver granted under

 

subdivision (h):

 

     (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.

 

     (j) 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, shall be 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 shall not be counted

 

as hours or days of pupil instruction.

 

     (5) A district shall 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 shall

 

forfeit 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, shall be 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 shall be

 

considered to be pupil instruction time regardless of whether the


instructor is a certificated teacher if all of the following are

 

met:

 

     (i) The instructor has met all of the requirements established

 

by the United States Department of Defense and the applicable

 

branch of the armed services for serving as an instructor in the

 

junior reserve officer training corps program.

 

     (ii) The board of the district or intermediate district

 

employing or assigning the instructor complies with the

 

requirements of sections 1230 and 1230a of the revised school code,

 

MCL 380.1230 and 380.1230a, with respect to the instructor to the

 

same extent as if employing the instructor as a regular classroom

 

teacher.

 

     (8) Except as otherwise provided in subsections (11) and (12),

 

the department shall apply the guidelines under subsection (7) in

 

calculating the full-time equivalency of pupils.

 

     (9) Upon application by the district for a particular fiscal

 

year, the superintendent shall waive for a district the minimum

 

number of hours and days of pupil instruction requirement of

 

subsection (3) for a department-approved alternative education

 

program or another innovative program approved by the department,

 

including a 4-day school week. If a district applies for and

 

receives a waiver under this subsection and complies with the terms

 

of the waiver, the district is not subject to forfeiture under this

 

section for the specific program covered by the waiver. If the

 

district does not comply with the terms of the waiver, the amount

 

of the forfeiture shall be 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). Pupils enrolled in a department-

 

approved alternative education program under this subsection shall

 

be reported 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.

 

     (d) For 2018-2019 only, the department shall grant a waiver to

 

a district that applies for a waiver for a blended model of

 

delivery after the department's application deadline if the

 

district meets the other requirements for a waiver under this

 

subsection.

 

     (10) Until 2014-2015, a district may count up to 38 hours of

 

qualifying professional development for teachers as hours of pupil


instruction. However, if a collective bargaining agreement that

 

provides for the counting of up to 38 hours of qualifying

 

professional development for teachers as pupil instruction is in

 

effect for employees of a district as of July 1, 2013, then until

 

the school year that begins after the expiration of that collective

 

bargaining agreement a district may count up to the contractually

 

specified number of hours of qualifying professional development

 

for teachers as hours of pupil instruction. 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 shall include the Michigan Virtual School. As used

 

in this subsection, "qualifying professional development" means

 

professional development that is focused on 1 or more of the

 

following:

 

     (a) Achieving or improving adequate yearly progress as defined

 

under the no child left behind act of 2001, Public Law 107-110.

 

     (b) Achieving accreditation or improving a school's

 

accreditation status under section 1280 of the revised school code,

 

MCL 380.1280.

 

     (c) Achieving highly qualified teacher status as defined under

 

the no child left behind act of 2001, Public Law 107-110.

 

     (d) Integrating technology into classroom instruction.

 

     (e) Maintaining teacher certification.

 

     (11) Subsections (3) and (8) do not apply to a school of

 

excellence 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.

 

     (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) Beginning in 2013, at least every 2 years the

 

superintendent shall review the waiver standards set forth in the

 

pupil accounting and auditing manuals to ensure that the waiver

 

standards and waiver process continue to be appropriate and

 

responsive to changing trends in online learning. The

 

superintendent shall solicit and consider input from stakeholders

 

as part of this review.

 

     Sec. 104f. (1) From the general fund money appropriated in

 

section 11, there is allocated an amount not to exceed $500,000.00

 

for the implementation of an assessment digital literacy

 

preparation pilot project for pupils enrolled in grades K to 8 for

 

2018-2019. The department shall ensure that a pilot project funded

 

under this subsection satisfies all of the following:

 

     (a) Is available to districts in the 2019-2020 school year.

 

     (b) Focuses on ensuring pupils have the necessary skills

 

required for state online assessments by assessing pupil digital

 

literacy skill levels and providing teachers with a digital

 

curriculum targeted at areas of determined weakness.

 

     (c) Allows pupils to engage with the digital curriculum in an

 

independent or teacher-facilitated modality.

 

     (d) Includes training and professional development for

 

teachers.


     (e) Is implemented in at least 100 districts that operate

 

grades K to 8 and that represent a diverse geography and socio-

 

economic demographic.

 

     (2) Funding under subsection (1) shall be allocated to a

 

district that did not receive funding under former section 104e for

 

2017-2018 and operates at least grades K to 8 and has a partnership

 

with a third party that is experienced in the assessment of digital

 

literacy and the preparation of digital literacy skills and has

 

demonstrable experience serving districts in this state and local

 

education agencies in 10 other states. The district, along with its

 

third-party partner, shall provide a report to the house and senate

 

appropriations subcommittees on school aid and the house and senate

 

fiscal agencies on the efficacy and usefulness of the assessment

 

digital literacy preparation pilot project no later than April 1,

 

2020.

 

     (3) Notwithstanding section 17b, payments under subsection (1)

 

shall be made not later than March 1, 2019 in a manner determined

 

by the department.

 

     Sec. 265. (1) Payments under section 265a for performance

 

funding for fiscal years 2018-2019, 2019-2020, and 2020-2021 shall

 

only be made to a public university that certifies to the state

 

budget director by August 31, 2018 that its board did not adopt an

 

increase in tuition and fee rates for resident undergraduate

 

students after September 1, 2017 for the 2017-2018 academic year

 

and that its board will not adopt an increase in tuition and fee

 

rates for resident undergraduate students for the 2018-2019

 

academic year that is greater than 3.8% or $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 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 2019-2020, fiscal year 2020-2021, or fiscal

 

year 2021-2022.

 

     (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. 297c. (1) From the appropriation in section 297, there is

 

allocated for 2017-2018 an amount not to exceed $25,500,000.00 for

 

the Michigan talent pledge scholarship program administered by the

 

department of treasury.

 

     (2) From the allocation in subsection (1), there is allocated


for 2017-2018 an amount not to exceed $20,000,000.00 to be used for

 

the purpose of assisting low-income individuals with the cost of

 

obtaining a qualifying degree or credential in high-demand fields.

 

The funds must be used to fund scholarships and stipends for 3

 

cohorts of eligible individuals over 4 years. Awards shall be in

 

the following amounts:

 

     (a) $750.00 scholarship award for individuals enrolled in an

 

eligible program that leads to a 1-year credential, in addition to

 

a $250.00 stipend paid to the individual.

 

     (b) $500.00 scholarship award each year for 2 years for

 

individuals enrolled in an eligible program that leads to a 2-year

 

credential, in addition to a $250.00 stipend each year paid to the

 

individual.

 

     (3) To be eligible for a scholarship grant under this section,

 

an individual shall meet all of the following:

 

     (a) Except for an individual under the age of 18, possess a

 

high school diploma, recognized equivalency, or recognized

 

equivalency certificate.

 

     (b) Be a resident of this state and a citizen of the United

 

States of America.

 

     (c) File the free application for federal student aid (FAFSA),

 

annually.

 

     (d) Meet the same income qualification requirements as the

 

Healthy Michigan plan under section 107 of the social welfare act,

 

1939 PA 280, MCL 400.107, at the time of application.Have an annual

 

income at the time of application that is at or below 133% of the

 

federal poverty guidelines published annually by the United States


Department of Health and Human Services.

 

     (e) Be enrolled full-time in a qualifying program at an

 

eligible postsecondary institution.

 

     (f) Apply for a grant in a form and manner prescribed by the

 

department of treasury.

 

     (g) Maintain a cumulative grade point average of at least 2.5,

 

if the institution utilizes a standard grading model, or, if the

 

institution utilizes a competency-based grading model during his or

 

her time enrolled in an eligible postsecondary institution, make

 

sufficient progress through the curriculum to complete the program.

 

     (h) Is between the ages of 16 and 45 at the time of

 

application.

 

     (4) A postsecondary institution is eligible under this section

 

if the postsecondary institution is a public or private nonprofit

 

college or university, junior college, community college, or

 

private training provider that grants degrees or certificates and

 

is located in this state and provides proof, in a form and manner

 

prescribed by the department of treasury, in cooperation with the

 

department of talent and economic development, that it has

 

implemented a talent guarantee for the relevant qualifying program

 

under subsection (5). For the purposes of this subsection, "talent

 

guarantee" means a process by which the institution will provide

 

relevant training in the relevant field at no cost to a graduate

 

who successfully completes a qualifying program under subsection

 

(5), if the graduate is unable to find or keep a job in the

 

relevant field at a relevant level due to a lack of technical

 

skills. Institutions are encouraged to work with their local


Michigan works agencies to implement this guarantee.

 

     (5) A program must meet all of the following to be a

 

qualifying program under this section:

 

     (a) Completion of the program must result in a credential in a

 

qualifying high-demand field.

 

     (b) The program is intended to be completed in no more than 1

 

year for an award under subsection (2)(a), or no more than 2 years

 

for an award under subsection (2)(b).

 

     (c) The program utilizes a competency-based instructional

 

model.

 

     (6) The department of treasury shall 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.

 

     (7) The department of treasury shall provide payment on behalf

 

of an individual eligible under subsection (3) for the scholarship

 

award amounts described in subsection (2)(a) and (b). The

 

department of treasury shall reimburse the eligible postsecondary

 

institution no later than 30 days after the start of the fiscal

 

year. Subject to subsection (8), the department of treasury shall

 

only accept standard per-credit hour tuition billings and shall

 

reject billings that are excessive or outside of the guidelines for

 

the type of educational institution. For the stipend amounts under

 

subsection (2)(a) and (b), the department of treasury shall

 

collaborate with eligible postsecondary institutions to ensure that

 

a prorated amount of the stipend is forwarded to the student

 

following each regular meeting with a coach, mentor, or counselor


as an incentive for the student to meet with the coach, mentor, or

 

counselor.

 

     (8) For the department of treasury to pay a scholarship award

 

on behalf of an individual eligible under subsection (3), at least

 

1 of the following must apply:

 

     (a) For individuals enrolled at a community college in this

 

state, the individual is charged the current in-district tuition

 

and mandatory fees.

 

     (b) For individuals enrolled at a public university in this

 

state, the individual is charged the lower division resident

 

tuition and mandatory fees for the current year.

 

     (c) For individuals enrolled at an independent, nonprofit

 

degree-granting college or university in this state or a federal

 

tribally controlled community college in this state, the mandatory

 

fees and per-credit payment charged to the individual do not exceed

 

the average community college in-district per-credit tuition rate

 

as reported on August 1 of the immediately preceding academic year.

 

     (9) The department of treasury shall collaborate with the

 

center to use the P-20 longitudinal data system to report the

 

number of students who are engaged in and have completed a program

 

using an award granted under this section.

 

     (10) From the funds allocated under subsection (1), there is

 

allocated for 2017-2018 an amount not to exceed $2,440,000.00 for

 

grants to community colleges, universities, or private nonprofit

 

colleges for the purpose of providing coaches to students who

 

receive scholarship awards under this section. The coaches funded

 

under this subsection shall provide intense mentoring and advising


to recipients of scholarships under this section, focusing on

 

ensuring that students complete programs for which they receive

 

scholarships under this section. Grants awarded under this

 

subsection must be made to eligible postsecondary institutions in

 

the amount not to exceed $40,000.00 per coach.

 

     (11) From the funds allocated under subsection (1), there is

 

an amount allocated for 2017-2018 not to exceed $2,300,000.00 to be

 

used for grants to districts for stipends for students and bonus

 

payments to districts that are parties to a talent consortium and

 

whose students successfully earn an in-demand workforce certificate

 

in a high-demand field. For the purposes of funding under this

 

subsection, a workforce certificate must, as determined by the

 

department of talent and economic development, be entry-level or

 

above, recognized by statewide industry, and in a high-demand,

 

high-salary, high-upward mobility career. Grants awarded under this

 

subsection must be in the amount of $500.00 per student who

 

successfully completes an in-demand credential in a high-demand

 

field in calendar year 2019 or 2020. A grant awarded under this

 

subsection shall be distributed in an amount of $250.00 to the

 

student and in an amount of $250.00 to the district. A district

 

seeking a grant under this subsection shall apply in a form and

 

manner prescribed by the department. of treasury. An application

 

for a grant under this subsection must describe the credentials

 

that students will earn using funds awarded under this subsection.

 

The department of treasury shall work with the department of talent

 

and economic development to award grants under this subsection and

 

notify applicants of the decision to award a grant not later than


30 days after receiving an application.

 

     (12) The following do not qualify as in-demand credentials in

 

a high-demand field for the purposes of subsection (11):

 

     (a) A high school diploma or equivalent.

 

     (b) An advanced placement test other than physics c:

 

electricity and magnetism, physics c: mechanics, computer science

 

a, or computer science principles.

 

     (13) From the funds allocated in subsection (1), there is an

 

amount allocated not to exceed $760,000.00 to the department of

 

treasury for costs related to the administration of this section.

 

     Sec. 297h. (1) As used in this article:

 

     (a) "Competency-based education" and "competency-based

 

instructional model" mean an approach to teaching and pupil

 

learning where pupils are evaluated on individual competencies, and

 

only when they master them, they move on to more advanced

 

competencies. For the purposes of this article, competency-based

 

instructional programs must meet at least all of the following:

 

     (i) The majority of instructional time is spent on pupil-

 

driven projects in multiple subject areas as well as 21st century

 

skills such as leadership, teamwork, problem solving, and

 

communication. Instructional time may take place outside of the

 

traditional school calendar.

 

     (ii) Includes an innovative partnership with employers or

 

postsecondary institutions, or both, as appropriate, to provide

 

contextualized learning opportunities that emphasize attainment of

 

competencies that include application and creation of knowledge

 

along with the development of work-ready skills.


     (iii) Includes the use of multiple and innovative methods to

 

determine pupil achievement of competencies in a subject area or

 

combined subject areas such as public presentations, submission of

 

research papers, attaining marketable workforce credentials, and

 

mentoring other pupils.

 

     (b) "Credential" means proof of competency in a high-demand,

 

high-salary, and high-upward mobility field or any other

 

designation determined to be in high demand. A credential must be

 

stackable, which means that it can lead to a more advanced

 

recognized credential. A high school diploma is not a credential.

 

     (c) "High-demand field" means professional trades,

 

manufacturing, engineering, information technology and computer

 

science, machine learning and artificial intelligence, mobility,

 

health care, and business.

 

     (d) "Talent agreement" means, subject to subsection (2), an

 

agreement that is signed by the members of a talent consortium and

 

is approved by the department of talent and economic development

 

and the department. A talent agreement must include at least all of

 

the following:

 

     (i) A description of how the members will create a seamless,

 

competency-based education model that results in pupils acquiring

 

high-demand skills and credentials.

 

     (ii) A formalized process by which the talent consortium will

 

periodically review and update employer needs and which skills and

 

credentials are in demand, including, but not limited to, a 2-, 5-,

 

and 20-year talent skills projection.

 

     (iii) A detailed plan on how curriculum and instruction will


be changed to address the changing employer and talent skills

 

needs.

 

     (iv) If a postsecondary institution is a member of a talent

 

consortium, how the postsecondary institution will reduce barriers

 

as pupils transition through phases of their education from K-12

 

education to postsecondary education and into the workforce. These

 

efforts may include, but are not limited to, the following:

 

     (A) Dual enrollment practices.

 

     (B) The acceptance of talent portfolios for college

 

admissions.

 

     (C) Work-based learning and internships.

 

     (D) The creation of career pathways beginning in middle school

 

and high school.

 

     (E) In-classroom mentoring or career counseling.

 

     (F) Prehiring agreements in which employers promise to hire

 

graduates of a program.

 

     (v) How any grant dollars received will further the goals of

 

the consortium.

 

     (vi) How members will continue to collaborate after a grant is

 

awarded.

 

     (e) "Talent consortium" means a consortium of entities that

 

enter into a talent agreement for the purposes of funding under

 

this article. A talent consortium must include at least 1 district

 

or intermediate district and at least 2 employers or organizations

 

representing employers. However, a talent consortium with only 1

 

district that is a tier 3 district is not required to include more

 

than 1 employer or organization representing employers. A talent


consortium may include a private training provider that grants

 

degrees or certificates and is located in this state, community

 

colleges, colleges, or universities. A talent consortium is not

 

bound by size or geographic locations in this state.

 

     (f) "Tier 1 district" means a district with a pupil membership

 

in 2017-2018 of at least 3,800.

 

     (g) "Tier 2 district" means a district with a pupil membership

 

in 2017-2018 of at least 1,400 but less than 3,800.

 

     (h) "Tier 3 district" means a district with a pupil membership

 

in 2017-2018 of less than 1,400.

 

     (2) If a national organization or company with expertise in

 

the talent needs or education programs addressed by a talent

 

agreement submits a letter of support for the grant application in

 

lieu of signing the talent agreement, and that letter of support

 

outlines how the organization or company will support the work of

 

the talent consortium, then the organization or company is

 

considered to be a contributing partner of that talent consortium

 

without signing the talent agreement.

 

     Sec. 297i. (1) The department, in consultation with the

 

department of talent and economic development, shall develop a

 

consolidated grant application for grants under sections 297a,

 

297b, and 297d, except for grants under section 297a(4). The

 

department, in consultation with the department of talent and

 

economic development, may develop additional consolidated

 

applications for grants under this article. A consolidated

 

application developed under this subsection must require an

 

applicant to identify the grant or grants for which the applicant


is applying and the amount of the award the applicant is requesting

 

for each grant.

 

     (2) The department shall begin accepting consolidated

 

applications for grants under this article not later than March 31,

 

2019.

 

     (3) Not later than June 1, 2019, the department, in

 

consultation with the department of talent and economic

 

development, shall award at least 50% of the funds allocated under

 

sections 297a, 297b, and 297d.

 

     Enacting section 1. In accordance with section 30 of article

 

IX of the state constitution of 1963, total state spending on

 

school aid under article I of the state school aid act of 1979,

 

1979 PA 94, MCL 388.1601 to 388.1772, as amended by 2018 PA 265 and

 

this amendatory act, from state sources for fiscal year 2018-2019

 

is estimated at $13,098,645,300.00 and state appropriations for

 

school aid to be paid to local units of government for fiscal year

 

2018-2019 are estimated at $12,900,901,000.00.

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