Bill Text: MI SB0182 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Appropriations; zero budget; school aid appropriations; provide for fiscal year 2013-2014. Amends secs. 11 & 17b of 1979 PA 94 (MCL 388.1611 & 388.1617b).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2013-05-29 - For Final Disposition Of Budget, See Hb 4228 [SB0182 Detail]
Download: Michigan-2013-SB0182-Engrossed.html
SB-0182, As Passed Senate, April 24, 2013
SUBSTITUTE FOR
SENATE BILL NO. 182
A bill to amend 1979 PA 94, entitled
"The state school aid act of 1979,"
by amending sections 6, 11, 11a, 11g, 11j, 11k, 11m, 12, 15, 18,
18b, 19, 20, 20d, 22a, 22b, 22d, 22j, 24, 24a, 24c, 26a, 26b, 26c,
31a, 31d, 31f, 32d, 32p, 39a, 51a, 51b, 51c, 51d, 53a, 54, 56, 61a,
62, 74, 81, 94a, 95, 98, 99, 101, 102, 104, 107, 147, 147b, 147c,
and 152a (MCL 388.1606, 388.1611, 388.1611a, 388.1611g, 388.1611j,
388.1611k, 388.1611m, 388.1612, 388.1615, 388.1618, 388.1618b,
388.1619, 388.1620, 388.1620d, 388.1622a, 388.1622b, 388.1622d,
388.1622j, 388.1624, 388.1624a, 388.1624c, 388.1626a, 388.1626b,
388.1626c, 388.1631a, 388.1631d, 388.1631f, 388.1632d, 388.1632p,
388.1639a, 388.1651a, 388.1651b, 388.1651c, 388.1651d, 388.1653a,
388.1654, 388.1656, 388.1661a, 388.1662, 388.1674, 388.1681,
388.1694a, 388.1695, 388.1698, 388.1699, 388.1701, 388.1702,
388.1704, 388.1707, 388.1747, 388.1747b, 388.1747c, and 388.1752a),
sections 6, 11, and 26b as amended by 2012 PA 465, sections 11a,
11g, 11j, 11k, 11m, 12, 18, 19, 20, 20d, 22a, 22b, 22d, 24, 24a,
24c, 26a, 31a, 31d, 31f, 32d, 39a, 51a, 51c, 51d, 53a, 54, 56, 61a,
62, 74, 81, 94a, 98, 99, 102, 104, 107, 147, 147b, and 152a as
amended and sections 22j, 26c, 32p, 95, and 147c as added by 2012
PA 201, section 15 as amended by 2012 PA 286, section 18b as
amended by 2008 PA 268, section 51b as added by 1996 PA 300, and
section 101 as amended by 2012 PA 516, and by adding sections 11s,
21f, 22c, 22k, 22m, 25e, and 32q; and to repeal acts and parts of
acts.
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 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 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, the
education achievement system, 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 current school
year. A district's, public school academy's, or intermediate
district's membership shall be adjusted as provided under section
25 for pupils who enroll in the district, public school academy, or
intermediate district after the pupil membership count day. 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. For the purposes of
this section and section 6a, for 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, or for the education achievement system,
a pupil's participation in the cyber school's educational program
or
in an online educational program of the education achievement
system
or of an achievement school is
considered regular daily
attendance; for the education achievement system, a pupil's
participation in an online educational program of the education
achievement system or of an achievement school is considered
regular daily attendance; and for a district a pupil's
participation in an online course as defined in section 21f is
considered regular daily attendance. 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, the education achievement system, 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) A pupil enrolled in an achievement school shall be counted
in membership in the education achievement system.
(i) For a new district or public school academy beginning its
operation after December 31, 1994, or for the education achievement
system or an achievement school, 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) In a district, a public school academy, the education
achievement system, or an intermediate district operating 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.
(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 homeless pupils and that is located in a city with a
population
of more than 500,000.175,000.
(B) Had dropped out of school for more than 1 year and has re-
entered school.
(C) Is less than 22 years of age as of September 1 of the
current school year.
(iii) If a child becomes a resident of a district and the 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 obtained a high school diploma shall
not be counted in membership. An individual who has obtained a
general educational development (G.E.D.) certificate shall not be
counted in membership unless the individual is a pupil 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 Michigan strategic fund, 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 or the education achievement system 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 or the education achievement system
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). However, for pupils
receiving instruction in both a public school academy or the
education achievement system 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 or the education achievement
system provides instruction for at least 1/2 of the class hours
specified in subdivision (q), the public school academy or the
education achievement system 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 or the education achievement system provides divided
by the number of hours specified in subdivision (q) 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 or the education achievement
system provides instruction for less than 1/2 of the class hours
specified in subdivision (q), 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 specified in subdivision (q) 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 or the education achievement system.
(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(3). In
determining full-time equated memberships for pupils who are
enrolled in a postsecondary institution, a pupil shall not be
considered to be less than a full-time equated pupil solely because
of the effect of his or her postsecondary enrollment, including
necessary travel time, on the number of class hours provided by the
district to the pupil.
(r) Beginning in 2012-2013, 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. Not later than December 1, 2012, the
department
shall seek a clarification from the federal department
of
education as to whether this is an allowable use of federal
title
I money. The change in the counting
of full-time equated
memberships
for pupils in kindergarten that takes took effect in
for
2012-2013 is not a mandate. Not
later than the fifth Wednesday
after
the pupil membership count day, each district or public
school
academy and the education achievement system shall report to
the
department and the center the number of instructional hours
scheduled
per kindergarten pupil for 2012-2013. If the number of
instructional
hours scheduled per kindergarten pupil is not equal
for
all kindergarten pupils in the district, the district or public
school
academy and the education achievement system shall report
the
number of kindergarten pupils who were scheduled to receive
each
of the different numbers of instructional hours scheduled.
(s) For a district, a public school academy, or the education
achievement system that has pupils enrolled in a grade level that
was not offered by the district, the public school academy, or the
education achievement system 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 specified in subdivision (q) 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 , except computers, 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) A pupil enrolled in an alternative or disciplinary
education program described in section 25 shall be counted in
membership in the district, the public school academy, or the
education achievement system that is educating the pupil.
(w) 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
or the education achievement system within 45 days after the pupil
membership count day, the department shall adjust the district's or
the education achievement system's pupil count for the pupil
membership count day to include the pupil in the count.
(x) 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.
(y) 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
, beginning in 2007-
2008,
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.
(z) 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 the education
achievement system in which a former pupil of the public school
academy enrolls and is in regular daily attendance for the next
school year to ensure that the district or the education
achievement system receives the same amount of membership aid for
the pupil as if the pupil were counted in the district or the
education achievement system on the supplemental count day of the
preceding school year.
(aa) 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 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.
(bb) 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.
(cc) 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 was counted 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 purposes of determining the district's
membership.
(dd) A district, a public school academy, or the education
achievement system 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.
(ee) 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 or the education achievement system.
(ff) 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. 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 the tenth day of the next 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.
(5) "Public school academy" means that term as defined in the
revised school code.
(6) "Pupil" means a person 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 1 to 12 in
accordance with section 166b.
(b) A pupil receiving 1/2 or less of his or her instruction in
a district other than the pupil's district of residence.
(c) A pupil enrolled in a public school academy or the
education achievement system.
(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.
(v) The pupil is enrolled in an alternative or disciplinary
education program described in section 25.
(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.
(p)
A pupil enrolled in a district other than the pupil's
district
of residence as a qualifying pupil under section 22h(2).
(p) An online learning pupil enrolled in a district other than
the pupil's district of residence as an eligible pupil under
section 21f.
However, 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, an intermediate district, a public school
academy, or the education achievement system 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, public school academy, or education
achievement system within 45 days after the pupil membership count
day or supplemental count day of that particular year. Pupils not
counted as 1.0 full-time equated membership due to an absence from
a class shall be counted as a prorated membership for the classes
the pupil attended. For purposes of this subsection, "class" means
a period of time in 1 day when pupils and a certificated teacher or
legally qualified substitute teacher are together and instruction
is taking place.
(9) "Rule" means a rule promulgated pursuant to the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
(10) "The revised school code" means 1976 PA 451, MCL 380.1 to
380.1852.
(11) "School district of the first class", "first class school
district", and "district of the first class" mean a district that
had at least 60,000 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, or
a pupil described in subsection (6)(c) to (o). (p), 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.
Senate Bill No. 182 as amended April 23, 2013
(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 or, for an
achievement school, by the chancellor of the achievement authority
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 all of the provisions of this
article.
Sec.
11. (1) Subject to subsection (3), for For the fiscal
year
ending September 30, 2013, 2014,
there is appropriated for the
public schools of this state and certain other state purposes
relating
to education the sum of $10,961,245,600.00
<<$11,081,665,600.00>> from the state school aid fund, the sum of
$150,000,000.00 from the MPSERS retirement obligation reform
reserve fund created under section 147b, and the sum of
$282,400,000.00
$229,600,000.00 from the general fund. In addition,
all
other available federal funds , except those otherwise
appropriated
under section 11p, are appropriated
for the fiscal
year
ending September 30, 2013.2014.
(2) The appropriations under this section shall be allocated
as provided in this article. Money appropriated under this section
from the general fund shall be expended to fund the purposes of
this article before the expenditure of money appropriated under
this section from the state school aid fund.
(3) Any general fund allocations under this article that are
not expended by the end of the state fiscal year are transferred to
the school aid stabilization fund created under section 11a.
Sec. 11a. (1) The school aid stabilization fund is created as
a separate account within the state school aid fund established by
section 11 of article IX of the state constitution of 1963.
(2) The state treasurer may receive money or other assets from
any source for deposit into the school aid stabilization fund. The
state treasurer shall deposit into the school aid stabilization
fund all of the following:
(a) Unexpended and unencumbered state school aid fund revenue
for a fiscal year that remains in the state school aid fund as of
the bookclosing for that fiscal year.
(b) Money statutorily dedicated to the school aid
stabilization fund.
(c) Money appropriated to the school aid stabilization fund.
(3) Money available in the school aid stabilization fund may
not be expended without a specific appropriation from the school
aid stabilization fund. Money in the school aid stabilization fund
shall be expended only for purposes for which state school aid fund
money may be expended.
(4) The state treasurer shall direct the investment of the
school aid stabilization fund. The state treasurer shall credit to
the school aid stabilization fund interest and earnings from fund
investments.
(5) Money in the school aid stabilization fund at the close of
a fiscal year shall remain in the school aid stabilization fund and
shall not lapse to the unreserved school aid fund balance or the
general fund.
(6) If the maximum amount appropriated under section 11 from
the state school aid fund for a fiscal year exceeds the amount
available for expenditure from the state school aid fund for that
fiscal year, there is appropriated from the school aid
stabilization fund to the state school aid fund an amount equal to
the projected shortfall as determined by the department of
treasury, but not to exceed available money in the school aid
stabilization fund. If the money in the school aid stabilization
fund is insufficient to fully fund an amount equal to the projected
shortfall, the state budget director shall notify the legislature
as
required under section 11(3) 296(2)
and state payments in an
amount equal to the remainder of the projected shortfall shall be
prorated
in the manner provided under section 11(4).296(3).
(7)
For 2012-2013, 2013-2014, in addition to the
appropriations in section 11, there is appropriated from the school
aid stabilization fund to the state school aid fund the amount
necessary to fully fund the allocations under this article.
(8)
Effective February 24, 2012, in addition to any amounts
otherwise
deposited into the school aid stabilization fund, there
is
transferred from the state school aid fund to the school aid
stabilization
fund an amount equal to $100,000,000.00.
Sec. 11g. (1) From the appropriation in section 11, there is
allocated
for this section an amount not to exceed $39,000,000.00
$39,500,000.00
for the fiscal year ending September
30, 2013, 2014
and
for each succeeding fiscal year through the fiscal year ending
September 30, 2015, after which these payments will cease. These
allocations are for paying the amounts described in subsection (3)
to districts and intermediate districts, other than those receiving
a lump-sum payment under section 11f(2), that were not plaintiffs
in the consolidated cases known as Durant v State of Michigan,
Michigan supreme court docket no. 104458-104492 and that, on or
before March 2, 1998, submitted to the state treasurer a waiver
resolution described in section 11f. The amounts paid under this
section represent offers of settlement and compromise of any claim
or claims that were or could have been asserted by these districts
and intermediate districts, as described in this section.
(2) This section does not create any obligation or liability
of this state to any district or intermediate district that does
not submit a waiver resolution described in section 11f. This
section and any other provision of this article are not intended to
admit liability or waive any defense that is or would be available
to this state or its agencies, employees, or agents in any
litigation or future litigation with a district or intermediate
district regarding these claims or potential claims.
(3) The amount paid each fiscal year to each district or
intermediate district under this section shall be 1 of the
following:
(a) If the district or intermediate district does not borrow
money and issue bonds under section 11i, 1/30 of the total amount
listed in section 11h for the district or intermediate district
through
the fiscal year ending September 30, 2013.2015.
(b) If the district or intermediate district borrows money and
issues bonds under section 11i, an amount in each fiscal year
calculated by the department of treasury that is equal to the debt
service amount in that fiscal year on the bonds issued by that
district or intermediate district under section 11i and that will
result in the total payments made to all districts and intermediate
districts in each fiscal year under this section being no more than
the amount appropriated under this section in each fiscal year.
(4) The entire amount of each payment under this section each
fiscal year shall be paid on May 15 of the applicable fiscal year
or on the next business day following that date. If a district or
intermediate district borrows money and issues bonds under section
11i, the district or intermediate district shall use funds received
under this section to pay debt service on bonds issued under
section 11i. If a district or intermediate district does not borrow
money and issue bonds under section 11i, the district or
intermediate district shall use funds received under this section
only for the following purposes, in the following order of
priority:
(a) First, to pay debt service on voter-approved bonds issued
by the district or intermediate district before the effective date
of this section.
(b) Second, to pay debt service on other limited tax
obligations.
(c) Third, for deposit into a sinking fund established by the
district or intermediate district under the revised school code.
(5) To the extent payments under this section are used by a
district or intermediate district to pay debt service on debt
payable from millage revenues, and to the extent permitted by law,
the district or intermediate district may make a corresponding
reduction in the number of mills levied for debt service.
(6) A district or intermediate district may pledge or assign
payments under this section as security for bonds issued under
section 11i, but shall not otherwise pledge or assign payments
under this section.
Sec. 11j. From the appropriation in section 11, there is
allocated
an amount not to exceed $120,390,000.00 for 2012-2013
$131,660,000.00 for 2013-2014 for payments to the school loan bond
redemption fund in the department of treasury on behalf of
districts
and intermediate districts. Notwithstanding section 11
296 or any other provision of this act, funds allocated under this
section are not subject to proration and shall be paid in full.
Sec.
11k. For 2012-2013, 2013-2014,
there is appropriated from
the general fund to the school loan revolving fund an amount equal
to the amount of school bond loans assigned to the Michigan finance
authority, not to exceed the total amount of school bond loans held
in reserve as long-term assets. As used in this section, "school
loan revolving fund" means that fund created in section 16c of the
Senate Bill No. 182 as amended April 24, 2013
shared credit rating act, 1985 PA 227, MCL 141.1066c.
Sec.
11m. From the appropriations in section 11, there is
allocated
for 2011-2012 an amount not to exceed $2,100,000.00 and
there
is allocated for 2012-2013 2013-2014
an amount not to exceed
$3,200,000.00
$6,000,000.00 for fiscal year cash-flow borrowing
costs solely related to the state school aid fund established by
section 11 of article IX of the state constitution of 1963.
<<
>>
Sec. 12. It is the intent of the legislature to appropriate
and
allocate for the fiscal year ending September 30, 2014 2015 the
same amounts of money from the same sources for the same purposes
as are appropriated and allocated under this article for the fiscal
year
ending September 30, 2013, 2014,
as adjusted for changes in
pupil membership, taxable values, special education costs, interest
costs, and available revenue. These adjustments will be determined
after
the January 2013 2014 consensus revenue estimating
conference.
Sec. 15. (1) If a district or intermediate district fails to
receive its proper apportionment, the department, upon satisfactory
proof that the district or intermediate district was entitled
justly, shall apportion the deficiency in the next apportionment.
Subject to subsections (2) and (3), if a district or intermediate
district has received more than its proper apportionment, the
department, upon satisfactory proof, shall deduct the excess in the
next apportionment. Notwithstanding any other provision in this
article, state aid overpayments to a district, other than
overpayments in payments for special education or special education
transportation, may be recovered from any payment made under this
article other than a special education or special education
transportation payment, from the proceeds of a loan to the district
under the emergency municipal loan act, 1980 PA 243, MCL 141.931 to
141.942, or from the proceeds of millage levied or pledged under
section 1211 of the revised school code, MCL 380.1211. State aid
overpayments made in special education or special education
transportation payments may be recovered from subsequent special
education or special education transportation payments, from the
proceeds of a loan to the district under the emergency municipal
loan act, 1980 PA 243, MCL 141.931 to 141.942, or from the proceeds
of millage levied or pledged under section 1211 of the revised
school code, MCL 380.1211.
(2) If the result of an audit conducted by or for the
department affects the current fiscal year membership, affected
payments shall be adjusted in the current fiscal year. A deduction
due to an adjustment made as a result of an audit conducted by or
for the department, or as a result of information obtained by the
department from the district, an intermediate district, the
department of treasury, or the office of auditor general, shall be
deducted from the district's apportionments when the adjustment is
finalized. At the request of the district and upon the district
presenting evidence satisfactory to the department of the hardship,
the department may grant up to an additional 4 years for the
adjustment and may advance payments to the district otherwise
authorized
under this act article if the district would otherwise
experience a significant hardship in satisfying its financial
obligations.
(3) If, because of the receipt of new or updated data, the
department determines during a fiscal year that the amount paid to
a district or intermediate district under this article for a prior
fiscal year was incorrect under the law in effect for that year,
the department may make the appropriate deduction or payment in the
district's or intermediate district's allocation for the fiscal
year in which the determination is made. The deduction or payment
shall be calculated according to the law in effect in the fiscal
year in which the improper amount was paid. If the district does
not receive an allocation for the fiscal year or if the allocation
is not sufficient to pay the amount of any deduction, the amount of
any deduction otherwise applicable shall be satisfied from the
proceeds of a loan to the district under the emergency municipal
loan act, 1980 PA 243, MCL 141.931 to 141.942, or from the proceeds
of millage levied or pledged under section 1211 of the revised
school code, MCL 380.1211, as determined by the department.
(4) Expenditures made by the department under this article
that are caused by the write-off of prior year accruals may be
funded by revenue from the write-off of prior year accruals.
(5) In addition to funds appropriated in section 11 for all
programs
and services, there is appropriated for 2012-2013 2013-
2014 for obligations in excess of applicable appropriations an
amount equal to the collection of overpayments, but not to exceed
amounts available from overpayments.
Sec. 18. (1) Except as provided in another section of this
article, each district or other entity shall apply the money
received by the district or entity under this article to salaries
and other compensation of teachers and other employees, tuition,
transportation, lighting, heating, ventilation, water service, the
purchase of textbooks, other supplies, and any other school
operating expenditures defined in section 7. However, not more than
20% of the total amount received by a district or intermediate
district under this article 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) Within 30 days after a board adopts its annual operating
budget for the following school fiscal year, or after a board
adopts a subsequent revision to that budget, the district shall
make all of the following available through a link on its website
home page, or may make the information available through a link on
its intermediate district's website home page, in a form and manner
prescribed by the department:
(a) The annual operating budget and subsequent budget
revisions.
(b) Using data that have already been collected and submitted
to the department, a summary of district expenditures for the most
recent fiscal year for which they are available, expressed in the
following 2 pie charts:
(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 employee
health benefits act, 2007 PA 106, MCL 124.75.
(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.
(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 purpose of determining the reasonableness of
expenditures 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 at the expense of the district or
intermediate district, as applicable, 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.
(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
15 each year:
(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 15 of each year, each district and
intermediate district shall submit to the center, in a manner
prescribed by the center, annual comprehensive financial data
consistent with accounting manuals and charts of accounts approved
and published by the department. For an intermediate district, the
report shall also contain the website address where the department
can access the report required under section 620 of the revised
school code, MCL 380.620. The department shall ensure that the
prescribed Michigan public school accounting manual chart of
accounts includes standard conventions to distinguish expenditures
by allowable fund function and object. The functions shall include
at minimum categories for instruction, pupil support, instructional
staff support, general administration, school administration,
business administration, transportation, facilities operation and
maintenance, facilities acquisition, and debt service; and shall
include object classifications of salary, benefits, including
categories for active employee health expenditures, purchased
services, supplies, capital outlay, and other. Districts shall
report the required level of detail consistent with the manual as
part of the comprehensive annual financial report.
(6) By September 30 of each year, each district and
intermediate district shall file with the department the special
education actual cost report, known as "SE-4096", on a form and in
the manner prescribed by the department.
(7) By October 7 of each year, each district and intermediate
district shall file with the center the transportation expenditure
report, known as "SE-4094", on a form and in the manner prescribed
by the center.
(8) The department shall review its pupil accounting and pupil
auditing manuals at least annually and shall periodically update
those manuals to reflect changes in this article.
(9) If a district that is a public school academy purchases
property using money received under this article, the public school
academy shall retain ownership of the property unless the public
school academy sells the property at fair market value.
(10) If a district or intermediate district does not comply
with subsections (4), (5), (6), and (7), the department shall
withhold all state school aid due to the district or intermediate
district under this article, beginning with the next payment due to
the district or intermediate district, until the district or
intermediate district complies with subsections (4), (5), (6), and
(7). If the district or intermediate district does not comply with
subsections (4), (5), (6), and (7) by the end of the fiscal year,
the district or intermediate district forfeits the amount withheld.
(11)
Not later than October 1, 2012, September
1, 2014, if a
district or intermediate district offers online learning, the
district or intermediate district shall submit to the department a
report that details the per-pupil costs of operating the online
learning.
The report shall include , on a per-pupil basis, at least
all
of the following costs:information
concerning the operation of
online learning for the school fiscal year ending June 30, 2014:
(a)
Textbooks, instructional materials, and supplies,
including
electronic instructional material. The
name of the
district operating the online learning and of each district that
enrolled students in the online learning.
(b)
Computer and other electronic equipment, including
internet
and telephone access. The
total number of students enrolled
in the online learning and the total number of membership pupils
enrolled in the online learning.
(c)
Salaries and benefits for the online learning employees.
For each pupil who is enrolled in a district other than the
district offering online learning, the name of that district.
(d)
Purchased courses and curricula. The district in which the
pupil was enrolled before enrolling in the district offering online
learning.
(e)
Fees associated with oversight and regulation. The number
of participating students who had previously dropped out of school.
(f)
Travel costs associated with school activities and
testing.
The number of participating
students who had previously
been expelled from school.
(g)
Facilities costs. The
total cost to enroll a student in the
program. This cost shall be reported on a per-pupil, per-course,
per-semester or trimester basis. The total shall include costs
broken down by cost for training, personnel, hardware and software,
payment to each online learning provider, and other costs
associated with operating online learning.
(h)
Costs associated with special education. The name of each
online education provider contracted by the district and the state
in which each online education provider is headquartered.
(12)
Not later than December 31, 2012, the department shall
issue
a report to the legislature including the following:
(a)
A review of the data submitted under subsection (11).
(b)
A comparison with costs of substantially similar programs
in
other states and relevant national research on the costs of
online
learning.
(c)
Any conclusions concerning factors or characteristics of
online
learning programs that make a difference in the costs of
operating
the programs.
Sec. 18b. (1) Property of a public school academy that was
acquired
substantially with funds appropriated under this act
article shall be transferred to this state by the public school
academy corporation if any of the following occur:
(a) The public school academy has been ineligible to receive
funding
under this act article for 18 consecutive months.
(b) The public school academy's contract has been revoked or
terminated for any reason.
(c) The public school academy's contract has expired and has
not been reissued by the authorizing body.
(2) A public school academy corporation shall initiate the
process of transferring property to this state as required under
subsection (1) within 30 days after the occurrence of the event
that triggers the process under subsection (1).
(3) (2)
Property required to be transferred
to this state
under this section includes title to all real and personal
property, interests in real or personal property, and other assets
owned by the public school academy corporation that were
substantially acquired with funds appropriated under this
act.article.
(4) (3)
The state treasurer, or his or her
designee, is
authorized to dispose of property transferred to this state under
this section. Except as otherwise provided in this section, the
state treasurer shall deposit in the state school aid fund any
money included in that property and the net proceeds from the sale
of the property or interests in property, after payment by the
state treasurer of any public school academy debt secured by the
property or interest in property.
(5) (4)
This section does not impose any
liability on this
state, any agency of this state, or an authorizing body for any
debt incurred by a public school academy.
(6) (5)
As used in this section and section
18c, "authorizing
body" means an authorizing body defined under section 501 or 1311b
of the revised school code, MCL 380.501 and 380.1311b.
Sec. 19. (1) A district or intermediate district shall comply
with all applicable reporting requirements specified in state and
federal law. Data provided to the center, in a form and manner
prescribed by the center, shall be aggregated and disaggregated as
required by state and federal law. In addition, a district or
intermediate district shall cooperate with all measures taken by
the center to establish and maintain a statewide P-20 longitudinal
data system.
(2) Each district shall furnish to the center not later than 5
weeks after the pupil membership count day and by June 30 of the
school fiscal year ending in the fiscal year, in a manner
prescribed by the center, the information necessary for the
preparation of the district and high school graduation report. This
information shall meet requirements established in the pupil
auditing manual approved and published by the department. The
center shall calculate an annual graduation and pupil dropout rate
for each high school, each district, and this state, in compliance
with nationally recognized standards for these calculations. The
center shall report all graduation and dropout rates to the senate
and house education committees and appropriations committees, the
state budget director, and the department not later than 30 days
after the publication of the list described in subsection (6).
(3) By the first business day in December and by June 30 of
each year, a district shall furnish to the center, in a manner
prescribed by the center, information related to educational
personnel as necessary for reporting required by state and federal
law.
(4) By June 30 of each year, a district shall furnish to the
center, in a manner prescribed by the center, information related
to safety practices and criminal incidents as necessary for
reporting required by state and federal law.
(5) If a district or intermediate district fails to meet the
requirements of this section, the department shall withhold 5% of
the total funds for which the district or intermediate district
qualifies under this article until the district or intermediate
district complies with all of those subsections. If the district or
intermediate district does not comply with all of those subsections
by the end of the fiscal year, the department shall place the
amount withheld in an escrow account until the district or
intermediate district complies with all of those subsections.
(6)
Before publishing a list of schools or districts
determined
to have failed to make adequate yearly progress school
or district accountability designations as required by the no child
left behind act of 2001, Public Law 107-110, the department shall
allow a school or district to appeal that determination. The
department shall consider and act upon the appeal within 30 days
after it is submitted and shall not publish the list until after
all appeals have been considered and decided.
(7) It is the intent of the legislature to implement not later
than 2014-2015 statewide standard reporting requirements for
education data approved by the department in conjunction with the
center. The department shall work with the center, intermediate
Senate Bill No. 182 as amended April 24, 2013
districts, districts, and other interested stakeholders to develop
recommendations on the implementation of this policy change. A
district or intermediate district shall implement the statewide
standard reporting requirements not later than 2014-2015 or when a
district or intermediate district updates its education data
reporting system, whichever is later.
Sec.
20. (1) For 2011-2012, and for 2012-2013, 2013-2014, the
basic foundation allowance is <<$8,078.00>>.
(2) The amount of each district's foundation allowance shall
be calculated as provided in this section, using a basic foundation
allowance in the amount specified in subsection (1).
(3) Except as otherwise provided in this section, the amount
of a district's foundation allowance shall be calculated as
follows, using in all calculations the total amount of the
district's foundation allowance as calculated before any proration:
(a) For a district that had a foundation allowance for the
immediately preceding state fiscal year that was at least equal to
the sum of $7,108.00 plus the total dollar amount of all
adjustments made from 2006-2007 to the immediately preceding state
fiscal year in the lowest foundation allowance among all districts,
but less than the basic foundation allowance for the immediately
preceding state fiscal year, the district shall receive a
foundation allowance in an amount equal to the sum of the greater
of $6,966.00 or the district's foundation allowance for the
immediately preceding state fiscal year, excluding any adjustment
under subsection (14), plus the difference between twice the dollar
amount of the adjustment from the immediately preceding state
fiscal year to the current state fiscal year made in the basic
foundation allowance and [(the dollar amount of the adjustment from
the immediately preceding state fiscal year to the current state
fiscal year made in the basic foundation allowance minus $20.00)
times (the difference between the district's foundation allowance
for the immediately preceding state fiscal year and the sum of
$7,108.00 plus the total dollar amount of all adjustments made from
2006-2007 to the immediately preceding state fiscal year in the
lowest foundation allowance among all districts) divided by the
difference between the basic foundation allowance for the current
state fiscal year and the sum of $7,108.00 plus the total dollar
amount of all adjustments made from 2006-2007 to the immediately
preceding state fiscal year in the lowest foundation allowance
among all districts]. For 2011-2012, for a district that had a
foundation allowance for the immediately preceding state fiscal
year that was at least equal to the sum of $7,108.00 plus the total
dollar amount of all adjustments made from 2006-2007 to the
immediately preceding state fiscal year in the lowest foundation
allowance among all districts, but less than the basic foundation
allowance for the immediately preceding state fiscal year, the
district shall receive a foundation allowance in an amount equal to
the district's foundation allowance for 2010-2011, minus $470.00.
Except
as otherwise provided in subdivision (h), for 2012-2013,
2013-2014, for a district that had a foundation allowance for the
immediately preceding state fiscal year that was at least equal to
the sum of $7,108.00 plus the total dollar amount of all
adjustments made from 2006-2007 to the immediately preceding state
fiscal year in the lowest foundation allowance among all districts,
but less than the basic foundation allowance for the immediately
preceding state fiscal year, the district shall receive a
foundation allowance in an amount equal to the district's
foundation allowance for the immediately preceding state fiscal
year. However, the foundation allowance for a district that had
less than the basic foundation allowance for the immediately
preceding state fiscal year shall not exceed the basic foundation
allowance for the current state fiscal year.
(b) Except as otherwise provided in this subsection, for a
district that in the immediately preceding state fiscal year had a
foundation allowance in an amount at least equal to the amount of
the basic foundation allowance for the immediately preceding state
fiscal year, the district shall receive a foundation allowance for
2011-2012 in an amount equal to the district's foundation allowance
for
2010-2011, minus $470.00. For 2012-2013, 2013-2014, except as
otherwise provided in this subsection, for a district that in the
immediately preceding state fiscal year had a foundation allowance
in an amount at least equal to the amount of the basic foundation
allowance for the immediately preceding state fiscal year, the
district
shall receive a foundation allowance for 2012-2013 in an
amount equal to the district's foundation allowance for the
immediately preceding state fiscal year.
(c) Except as otherwise provided in subdivision (d), for a
district that in the 1994-95 state fiscal year had a foundation
allowance greater than $6,500.00, the district's foundation
allowance is an amount equal to the sum of the district's
foundation allowance for the immediately preceding state fiscal
year plus the lesser of the increase in the basic foundation
allowance for the current state fiscal year, as compared to the
immediately preceding state fiscal year, or the product of the
district's foundation allowance for the immediately preceding state
fiscal year times the percentage increase in the United States
consumer price index in the calendar year ending in the immediately
preceding fiscal year as reported by the May revenue estimating
conference conducted under section 367b of the management and
budget act, 1984 PA 431, MCL 18.1367b. Except as otherwise provided
in subdivision (d), for 2011-2012, for a district that in the 1994-
1995 state fiscal year had a foundation allowance greater than
$6,500.00, the district's foundation allowance is an amount equal
to the district's foundation allowance for the 2010-2011 fiscal
year
minus $470.00. For 2012-2013, 2013-2014,
except as otherwise
provided in subdivision (d), for a district that in the 1994-1995
state fiscal year had a foundation allowance greater than
$6,500.00, the district's foundation allowance is an amount equal
to the district's foundation allowance for the immediately
preceding state fiscal year.
(d) For a district that in the 1994-95 state fiscal year had a
foundation allowance greater than $6,500.00 and that had a
foundation allowance for the 2009-2010 state fiscal year, as
otherwise calculated under this section, that was less than the
basic foundation allowance, the district's foundation allowance for
2011-2012 and each succeeding fiscal year shall be considered to be
an amount equal to the basic foundation allowance.
(e) For a district that has a foundation allowance that is not
a whole dollar amount, the district's foundation allowance shall be
rounded up to the nearest whole dollar.
(f) For a district that received a payment under section 22c
as that section was in effect for 2001-2002, the district's 2001-
2002 foundation allowance shall be considered to have been an
amount equal to the sum of the district's actual 2001-2002
foundation allowance as otherwise calculated under this section
plus the per pupil amount of the district's equity payment for
2001-2002 under section 22c as that section was in effect for 2001-
2002.
(g) For a district that received a payment under section 22c
as that section was in effect for 2006-2007, the district's 2006-
2007 foundation allowance shall be considered to have been an
amount equal to the sum of the district's actual 2006-2007
foundation allowance as otherwise calculated under this section
plus the per pupil amount of the district's equity payment for
2006-2007 under section 22c as that section was in effect for 2006-
2007.
(h) For 2012-2013, for a district that had a foundation
allowance for the 2011-2012 state fiscal year of less than
$6,966.00, the district's foundation allowance is an amount equal
to $6,966.00.
(4) Except as otherwise provided in this subsection, the state
portion of a district's foundation allowance is an amount equal to
the district's foundation allowance or the basic foundation
allowance for the current state fiscal year, whichever is less,
minus the difference between the sum of the product of the taxable
value per membership pupil of all property in the district that is
nonexempt property times the district's certified mills and, for a
district with certified mills exceeding 12, the product of the
taxable value per membership pupil of property in the district that
is commercial personal property times the certified mills minus 12
mills and the quotient of the ad valorem property tax revenue of
the district captured under tax increment financing acts divided by
the district's membership excluding special education pupils. For a
district described in subsection (3)(c), the state portion of the
district's foundation allowance is an amount equal to $6,962.00
plus the difference between the district's foundation allowance for
the current state fiscal year and the district's foundation
allowance for 1998-99, minus the difference between the sum of the
product of the taxable value per membership pupil of all property
in the district that is nonexempt property times the district's
certified mills and, for a district with certified mills exceeding
12, the product of the taxable value per membership pupil of
property in the district that is commercial personal property times
the certified mills minus 12 mills and the quotient of the ad
valorem property tax revenue of the district captured under tax
increment financing acts divided by the district's membership
excluding special education pupils. For a district that has a
millage reduction required under section 31 of article IX of the
state constitution of 1963, the state portion of the district's
foundation allowance shall be calculated as if that reduction did
not occur.
(5) The allocation calculated under this section for a pupil
shall be based on the foundation allowance of the pupil's district
of residence. For a pupil enrolled pursuant to section 105 or 105c
in a district other than the pupil's district of residence, the
allocation calculated under this section shall be based on the
lesser of the foundation allowance of the pupil's district of
residence or the foundation allowance of the educating district.
For a pupil in membership in a K-5, K-6, or K-8 district who is
enrolled in another district in a grade not offered by the pupil's
district of residence, the allocation calculated under this section
shall be based on the foundation allowance of the educating
district if the educating district's foundation allowance is
greater than the foundation allowance of the pupil's district of
residence.
(6) Except as otherwise provided in this subsection, for
pupils in membership, other than special education pupils, in a
public school academy, the allocation calculated under this section
is an amount per membership pupil other than special education
pupils in the public school academy equal to the foundation
allowance of the district in which the public school academy is
located or the state maximum public school academy allocation,
whichever is less. However, a public school academy that had an
allocation under this subsection before 2009-2010 that was equal to
the sum of the local school operating revenue per membership pupil
other than special education pupils for the district in which the
public school academy is located and the state portion of that
district's foundation allowance shall not have that allocation
reduced as a result of the 2010 amendment to this subsection.
Notwithstanding section 101, for a public school academy that
begins operations after the pupil membership count day, the amount
per membership pupil calculated under this subsection shall be
adjusted by multiplying that amount per membership pupil by the
number of hours of pupil instruction provided by the public school
academy after it begins operations, as determined by the
department, divided by the minimum number of hours of pupil
instruction required under section 101(3). The result of this
calculation shall not exceed the amount per membership pupil
otherwise calculated under this subsection.
(7) Except as otherwise provided in this subsection, for
pupils attending an achievement school and in membership in the
education achievement system, other than special education pupils,
the allocation calculated under this section is an amount per
membership pupil other than special education pupils equal to the
foundation allowance of the district in which the achievement
school is located, not to exceed the basic foundation allowance.
Notwithstanding section 101, for an achievement school that begins
operation after the pupil membership count day, the amount per
membership pupil calculated under this subsection shall be adjusted
by multiplying that amount per membership pupil by the number of
hours of pupil instruction provided by the achievement school after
it begins operations, as determined by the department, divided by
the minimum number of hours of pupil instruction required under
section 101(3). The result of this calculation shall not exceed the
amount per membership pupil otherwise calculated under this
subsection. For the purposes of this subsection, if a public school
is transferred from a district to the state school reform/redesign
district or the achievement authority under section 1280c of the
revised school code, that public school is considered to be an
achievement school within the education achievement system and not
a school that is part of a district, and a pupil attending that
public school is considered to be in membership in the education
achievement system and not in membership in the district that
operated the school before the transfer.
(8) Subject to subsection (4), for a district that is formed
or reconfigured after June 1, 2002 by consolidation of 2 or more
districts or by annexation, the resulting district's foundation
allowance under this section beginning after the effective date of
the consolidation or annexation shall be lesser of the sum of the
average of the foundation allowances of each of the original or
affected districts, calculated as provided in this section,
weighted as to the percentage of pupils in total membership in the
resulting district who reside in the geographic area of each of the
original or affected districts plus $100.00 or the highest
foundation allowance among the original or affected districts.
(9) Each fraction used in making calculations under this
section shall be rounded to the fourth decimal place and the dollar
amount of an increase in the basic foundation allowance shall be
rounded to the nearest whole dollar.
(10) State payments related to payment of the foundation
allowance for a special education pupil are not calculated under
this section but are instead calculated under section 51a.
(11) To assist the legislature in determining the basic
foundation allowance for the subsequent state fiscal year, each
revenue estimating conference conducted under section 367b of the
management and budget act, 1984 PA 431, MCL 18.1367b, shall
calculate a pupil membership factor, a revenue adjustment factor,
and an index as follows:
(a) The pupil membership factor shall be computed by dividing
the estimated membership in the school year ending in the current
state fiscal year, excluding intermediate district membership, by
the estimated membership for the school year ending in the
subsequent state fiscal year, excluding intermediate district
membership. If a consensus membership factor is not determined at
the revenue estimating conference, the principals of the revenue
estimating conference shall report their estimates to the house and
senate subcommittees responsible for school aid appropriations not
later than 7 days after the conclusion of the revenue conference.
(b) The revenue adjustment factor shall be computed by
dividing the sum of the estimated total state school aid fund
revenue for the subsequent state fiscal year plus the estimated
total state school aid fund revenue for the current state fiscal
year, adjusted for any change in the rate or base of a tax the
proceeds of which are deposited in that fund and excluding money
transferred into that fund from the countercyclical budget and
economic stabilization fund under the management and budget act,
1984 PA 431, MCL 18.1101 to 18.1594, by the sum of the estimated
total school aid fund revenue for the current state fiscal year
plus the estimated total state school aid fund revenue for the
immediately preceding state fiscal year, adjusted for any change in
the rate or base of a tax the proceeds of which are deposited in
that fund. If a consensus revenue factor is not determined at the
revenue estimating conference, the principals of the revenue
estimating conference shall report their estimates to the house and
senate subcommittees responsible for school aid appropriations not
later than 7 days after the conclusion of the revenue conference.
(c) The index shall be calculated by multiplying the pupil
membership factor by the revenue adjustment factor. However, for
2011-2012,
the index shall be 0.93575 and for 2012-2013, 2013-2014,
the index shall be 1.00. If a consensus index is not determined at
the revenue estimating conference, the principals of the revenue
estimating conference shall report their estimates to the house and
senate subcommittees responsible for school aid appropriations not
later than 7 days after the conclusion of the revenue conference.
(12)
For a district in which 7.75 mills levied in 1992 for
school
operating purposes in the 1992-93 school year were not
renewed
in 1993 for school operating purposes in the 1993-94 school
year,
the district's combined state and local revenue per
membership
pupil shall be recalculated as if that millage reduction
did
not occur and the district's foundation allowance shall be
calculated
as if its 1994-95 foundation allowance had been
calculated
using that recalculated 1993-94 combined state and local
revenue
per membership pupil as a base. A district is not entitled
to
any retroactive payments for fiscal years before 2000-2001 due
to
this subsection. A district receiving an adjustment under this
subsection
shall not receive as a result of this adjustment an
amount
that exceeds 50% of the amount the district received as a
result
of this adjustment for 2010-2011. This adjustment shall not
be
made after 2011-2012.
(13)
For a district in which an industrial facilities
exemption
certificate that abated taxes on property with a state
equalized
valuation greater than the total state equalized
valuation
of the district at the time the certificate was issued or
$700,000,000.00,
whichever is greater, was issued under 1974 PA
198,
MCL 207.551 to 207.572, before the calculation of the
district's
1994-95 foundation allowance, the district's foundation
allowance
for 2002-2003 is an amount equal to the sum of the
district's
foundation allowance for 2002-2003, as otherwise
calculated
under this section, plus $250.00. A district receiving
an
adjustment under this subsection shall not receive as a result
of
this adjustment an amount that exceeds 50% of the amount the
district
received as a result of this adjustment for 2010-2011.
This
adjustment shall not be made after 2011-2012.
(12) (14)
For a district that received a
grant under former
section 32e for 2001-2002, the district's foundation allowance for
2002-2003 and each succeeding fiscal year through 2012-2013 shall
be adjusted to be an amount equal to the sum of the district's
foundation allowance, as otherwise calculated under this section,
plus the quotient of 100% of the amount of the grant award to the
district for 2001-2002 under former section 32e divided by the
number of pupils in the district's membership for 2001-2002 who
were residents of and enrolled in the district. Except as otherwise
provided in this subsection, a district qualifying for a foundation
allowance adjustment under this subsection shall use the funds
resulting from this adjustment for at least 1 of grades K to 3 for
purposes allowable under former section 32e as in effect for 2001-
2002. For an individual school or schools operated by a district
qualifying for a foundation allowance under this subsection that
have been determined by the department to meet the adequate yearly
progress standards of the federal no child left behind act of 2001,
Public Law 107-110, in both mathematics and English language arts
at all applicable grade levels for all applicable subgroups, the
district may submit to the department an application for
flexibility in using the funds resulting from this adjustment that
are attributable to the pupils in the school or schools. The
application shall identify the affected school or schools and the
affected funds and shall contain a plan for using the funds for
specific purposes identified by the district that are designed to
reduce class size, but that may be different from the purposes
otherwise allowable under this subsection. The department shall
approve the application if the department determines that the
purposes identified in the plan are reasonably designed to reduce
class size. If the department does not act to approve or disapprove
an application within 30 days after it is submitted to the
department, the application is considered to be approved. If an
application for flexibility in using the funds is approved, the
district may use the funds identified in the application for any
purpose identified in the plan. A district receiving an adjustment
under this subsection shall not receive as a result of this
adjustment an amount that exceeds 68.5% of the amount the district
received as a result of this adjustment for 2010-2011. For 2013-
2014, the adjustment under this subsection shall be the difference
between 85% of the amount of the adjustment under this subsection
for the immediately preceding state fiscal year and the amount
resulting from subtracting the district's foundation allowance for
the immediately preceding state fiscal year excluding any
adjustment under this subsection for the immediately preceding
state fiscal year from $6,966.00, if that difference is greater
than $0.00. If that difference is less than $0.00, the adjustment
under this subsection shall be 85% of the amount of the adjustment
under this subsection for the immediately preceding state fiscal
year.
(15)
For a district that levied 1.9 mills in 1993 to finance
an
operating deficit, the district's foundation allowance shall be
calculated
as if those mills were included as operating mills in
the
calculation of the district's 1994-1995 foundation allowance. A
district
is not entitled to any retroactive payments for fiscal
years
before 2006-2007 due to this subsection. A district receiving
an
adjustment under this subsection shall not receive more than
$800,000.00
for a fiscal year as a result of this adjustment. A
district
receiving an adjustment under this subsection shall not
receive
as a result of this adjustment an amount that exceeds 50%
of
the amount the district received as a result of this adjustment
for
2010-2011. This adjustment shall not be made after 2011-2012.
(16)
For a district that levied 2.23 mills in 1993 to finance
an
operating deficit, the district's foundation allowance shall be
calculated
as if those mills were included as operating mills in
the
calculation of the district's 1994-1995 foundation allowance. A
district
is not entitled to any retroactive payments for fiscal
years
before 2006-2007 due to this subsection. A district receiving
an
adjustment under this subsection shall not receive more than
$500,000.00
for a fiscal year as a result of this adjustment. A
district
receiving an adjustment under this subsection shall not
receive
as a result of this adjustment an amount that exceeds 50%
of
the amount the district received as a result of this adjustment
for
2010-2011. This adjustment shall not be made after 2011-2012.
(13) Beginning in 2014-2015, equity payments under section 22c
shall be incorporated into the calculation of a district's
foundation allowance or public school academy's per pupil payment
under this section.
(14) (17)
Payments to districts, public
school academies, or
the education achievement system shall not be made under this
section. Rather, the calculations under this section shall be used
to determine the amount of state payments under section 22b.
(15) (18)
If an amendment to section 2 of
article VIII of the
state constitution of 1963 allowing state aid to some or all
nonpublic schools is approved by the voters of this state, each
foundation allowance or per pupil payment calculation under this
section may be reduced.
(16) (19)
As used in this section:
(a) "Certified mills" means the lesser of 18 mills or the
number of mills of school operating taxes levied by the district in
1993-94.
(b) "Combined state and local revenue" means the aggregate of
the district's state school aid received by or paid on behalf of
the district under this section and the district's local school
operating revenue.
(c) "Combined state and local revenue per membership pupil"
means the district's combined state and local revenue divided by
the district's membership excluding special education pupils.
(d) "Current state fiscal year" means the state fiscal year
for which a particular calculation is made.
(e) "Immediately preceding state fiscal year" means the state
fiscal year immediately preceding the current state fiscal year.
(f) "Local school operating revenue" means school operating
taxes levied under section 1211 of the revised school code, MCL
380.1211.
(g) "Local school operating revenue per membership pupil"
means a district's local school operating revenue divided by the
district's membership excluding special education pupils.
(h) "Maximum public school academy allocation", except as
otherwise provided in this subdivision, means the maximum per-pupil
allocation as calculated by adding the highest per-pupil allocation
among all public school academies for the immediately preceding
state fiscal year plus the difference between twice the dollar
amount of the adjustment from the immediately preceding state
fiscal year to the current state fiscal year made in the basic
foundation allowance and [(the dollar amount of the adjustment from
the immediately preceding state fiscal year to the current state
fiscal year made in the basic foundation allowance minus $20.00)
times (the difference between the highest per-pupil allocation
among all public school academies for the immediately preceding
state fiscal year and the sum of $7,108.00 plus the total dollar
amount of all adjustments made from 2006-2007 to the immediately
preceding state fiscal year in the lowest per-pupil allocation
among all public school academies) divided by the difference
between the basic foundation allowance for the current state fiscal
year and the sum of $7,108.00 plus the total dollar amount of all
adjustments made from 2006-2007 to the immediately preceding state
fiscal year in the lowest per-pupil allocation among all public
school
academies]. For 2011-2012 and 2012-2013, 2013-2014, maximum
public
school academy allocation means $7,110.00.$7,207.00.
(i) "Membership" means the definition of that term under
section 6 as in effect for the particular fiscal year for which a
particular calculation is made.
(j) "Nonexempt property" means property that is not a
principal residence, qualified agricultural property, qualified
forest property, supportive housing property, industrial personal
property, or commercial personal property.
(k) "Principal residence", "qualified agricultural property",
"qualified forest property", "supportive housing property",
"industrial personal property", and "commercial personal property"
mean those terms as defined in section 1211 of the revised school
code, MCL 380.1211.
(l) "School operating purposes" means the purposes included in
the operation costs of the district as prescribed in sections 7 and
18.
(m) "School operating taxes" means local ad valorem property
taxes levied under section 1211 of the revised school code, MCL
380.1211, and retained for school operating purposes.
(n) "Tax increment financing acts" means 1975 PA 197, MCL
125.1651 to 125.1681, the tax increment finance authority act, 1980
PA 450, MCL 125.1801 to 125.1830, the local development financing
act, 1986 PA 281, MCL 125.2151 to 125.2174, the brownfield
redevelopment financing act, 1996 PA 381, MCL 125.2651 to 125.2672,
or the corridor improvement authority act, 2005 PA 280, MCL
125.2871 to 125.2899.
(o) "Taxable value per membership pupil" means taxable value,
as certified by the department of treasury, for the calendar year
ending in the current state fiscal year divided by the district's
membership excluding special education pupils for the school year
ending in the current state fiscal year.
Sec. 20d. In making the final determination required under
former section 20a of a district's combined state and local revenue
per membership pupil in 1993-94 and in making calculations under
section
20 for 2012-2013, 2013-2014,
the department and the
department of treasury shall comply with all of the following:
(a) For a district that had combined state and local revenue
per membership pupil in the 1994-95 state fiscal year of $6,500.00
or more and served as a fiscal agent for a state board designated
area vocational education center in the 1993-94 school year, total
state school aid received by or paid on behalf of the district
pursuant to this act in 1993-94 shall exclude payments made under
former section 146 and under section 147 on behalf of the
district's employees who provided direct services to the area
vocational education center. Not later than June 30, 1996, the
department shall make an adjustment under this subdivision to the
district's combined state and local revenue per membership pupil in
the 1994-95 state fiscal year and the department of treasury shall
make a final certification of the number of mills that may be
levied by the district under section 1211 of the revised school
code, MCL 380.1211, as a result of the adjustment under this
subdivision.
(b) If a district had an adjustment made to its 1993-94 total
state school aid that excluded payments made under former section
146 and under section 147 on behalf of the district's employees who
provided direct services for intermediate district center programs
operated by the district under article 5, if nonresident pupils
attending the center programs were included in the district's
membership for purposes of calculating the combined state and local
revenue per membership pupil for 1993-94, and if there is a signed
agreement by all constituent districts of the intermediate district
that an adjustment under this subdivision shall be made, the
foundation allowances for 1995-96 and 1996-97 of all districts that
had pupils attending the intermediate district center program
operated by the district that had the adjustment shall be
calculated as if their combined state and local revenue per
membership pupil for 1993-94 included resident pupils attending the
center program and excluded nonresident pupils attending the center
program.
Sec. 21f. (1) A pupil enrolled in a district in any of grades
5 to 12 is eligible to enroll in an online course as provided for
in this section.
(2) With the consent of the pupil's parent or legal guardian,
a district shall enroll an eligible pupil in up to 2 online courses
as requested by the pupil during an academic term, semester, or
trimester. However, if a pupil has demonstrated previous success
with online courses as determined by the educating district and the
educating district and the pupil's parent or guardian determine
that it is in the best interest of the pupil, a pupil may be
enrolled in more than 2 online courses in an academic term,
semester, or trimester. Consent of the pupil's parent or legal
guardian is not required if the pupil is at least age 18 or is an
emancipated minor.
(3) An eligible pupil may enroll in an online course published
in the pupil's educating district's catalog of online courses
described in subsection (7)(a) or the statewide catalog of online
courses maintained by the department.
(4) A district shall determine whether or not it has capacity
to accept applications for enrollment from nonresident applicants
in online courses and may use that limit as the reason for refusal
to enroll an applicant. If the number of nonresident applicants
eligible for acceptance in an online course does not exceed the
capacity of the district to provide the online course, the district
shall accept for enrollment all of the nonresident applicants
eligible for acceptance. If the number of nonresident applicants
exceeds the district's capacity to provide the online course, the
district shall use a random draw system, subject to the need to
abide by state and federal antidiscrimination laws and court
orders.
(5) A district may deny a pupil enrollment in an online course
if any of the following apply, as determined by the district:
(a) The pupil has previously gained the credits provided from
the completion of the online course.
(b) The online course is not capable of generating academic
credit.
(c) The online course is inconsistent with the remaining
graduation requirements or career interests of the pupil.
(d) The pupil does not possess the prerequisite knowledge and
skills to be successful in the online course.
(6) If a pupil is denied enrollment in an online course by a
district, the pupil may appeal the denial by submitting a letter to
the superintendent of the intermediate district in which the
pupil's educating district is located. The letter of appeal shall
include the reason provided by the district for not enrolling the
pupil and the reason why the pupil is claiming that the enrollment
should be approved. The intermediate district superintendent or
designee shall respond to the appeal within 5 days after it is
received. If the intermediate district superintendent or designee
determines that the denial of enrollment does not meet 1 or more of
the reasons specified in subsection (5), the district shall allow
the pupil to enroll in the online course.
(7) To offer or provide an online course, a district shall do
all of the following:
(a) Provide the department with the course syllabus in a form
and method prescribed by the department for inclusion in a
statewide online course catalog. The district shall also provide on
its publicly accessible website a link to the course syllabi for
all of the online courses offered by the district and a link to the
statewide catalog of online courses maintained by the department.
(b) Offer the online course on an open entry and exit method,
or aligned to a semester, trimester, or accelerated academic term
format.
(8) For a pupil enrolled in 1 or more online courses published
in the pupil's educating district's catalog of online courses under
subsection (7) or in the statewide catalog of online courses
maintained by the department, the district shall use foundation
allowance or per pupil funds calculated under section 20 to pay for
the expenses associated with the online course or courses. The
district shall pay 50% of the cost of the online course upon
enrollment and 50% upon successful completion as determined by the
district.
(9) An online learning pupil shall have the same rights and
access to technology in his or her educating district's school
facilities as all other pupils enrolled in the educating district.
(10) If a pupil successfully completes an online course, as
determined by the educating district, the pupil's educating
district shall grant appropriate academic credit for completion of
the course and shall count that credit toward completion of
graduation and subject area requirements. A pupil's school record
and transcript shall identify the online course title as it appears
in the online course syllabus.
(11) The enrollment of a pupil in 1 or more online courses
shall not result in a pupil being counted as more than 1.0 full-
time equivalent pupils under this act.
(12) As used in this section:
(a) "Online course" means a course of study that is capable of
generating a credit or a grade, that is provided in an interactive
internet-connected learning environment, in which pupils are
separated from their teachers by time or location, or both, and in
which a teacher who holds a valid Michigan teaching certificate is
responsible for determining appropriate 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.
(b) "Online course syllabus" means a document that includes
all of the following:
(i) The state academic standards addressed in an online course.
(ii) The online course content outline.
(iii) The online course required assessments.
(iv) The online course prerequisites.
(v) Expectations for actual instructor contact time with the
online learning pupil and other pupil-to-instructor communications.
(vi) Academic support available to the online learning pupil.
(vii) The online course learning outcomes and objectives.
(viii) The name of the institution or organization providing the
online content.
(ix) The name of the institution or organization providing the
online instructor.
(x) The course titles assigned by the district and the course
titles and course codes from the national center for education
statistics (NCES) school codes for the exchange of data (SCED).
(xi) The number of eligible nonresident pupils that will be
accepted by the district in the online course.
(c) "Online learning pupil" means a pupil enrolled in 1 or
more online courses.
Sec.
22a. (1) From the appropriation in section 11, there is
allocated
an amount not to exceed $5,776,000,000.00 for 2011-2012
and
there is allocated an amount not to
exceed $5,712,000,000.00
for
2012-2013 $5,558,000,000.00
for 2013-2014 for payments to
districts and qualifying public school academies to guarantee each
district and qualifying public school academy an amount equal to
its 1994-95 total state and local per pupil revenue for school
operating purposes under section 11 of article IX of the state
constitution of 1963. Pursuant to section 11 of article IX of the
state constitution of 1963, this guarantee does not apply to a
district in a year in which the district levies a millage rate for
school district operating purposes less than it levied in 1994.
However, subsection (2) applies to calculating the payments under
this section. Funds allocated under this section that are not
expended in the state fiscal year for which they were allocated, as
determined by the department, may be used to supplement the
allocations under sections 22b and 51c in order to fully fund those
calculated allocations for the same fiscal year.
(2) To ensure that a district receives an amount equal to the
district's 1994-95 total state and local per pupil revenue for
school operating purposes, there is allocated to each district a
state portion of the district's 1994-95 foundation allowance in an
amount calculated as follows:
(a) Except as otherwise provided in this subsection, the state
portion of a district's 1994-95 foundation allowance is an amount
equal to the district's 1994-95 foundation allowance or $6,500.00,
whichever is less, minus the difference between the sum of the
product of the taxable value per membership pupil of all property
in the district that is nonexempt property times the district's
certified mills and, for a district with certified mills exceeding
12, the product of the taxable value per membership pupil of
property in the district that is commercial personal property times
the certified mills minus 12 mills and the quotient of the ad
valorem property tax revenue of the district captured under tax
increment financing acts divided by the district's membership. For
a district that has a millage reduction required under section 31
of article IX of the state constitution of 1963, the state portion
of the district's foundation allowance shall be calculated as if
that reduction did not occur.
(b) For a district that had a 1994-95 foundation allowance
greater than $6,500.00, the state payment under this subsection
shall be the sum of the amount calculated under subdivision (a)
plus the amount calculated under this subdivision. The amount
calculated under this subdivision shall be equal to the difference
between the district's 1994-95 foundation allowance minus $6,500.00
and the current year hold harmless school operating taxes per
pupil. If the result of the calculation under subdivision (a) is
negative, the negative amount shall be an offset against any state
payment calculated under this subdivision. If the result of a
calculation under this subdivision is negative, there shall not be
a state payment or a deduction under this subdivision. The taxable
values per membership pupil used in the calculations under this
subdivision are as adjusted by ad valorem property tax revenue
captured under tax increment financing acts divided by the
district's membership.
(3) Beginning in 2003-2004, for pupils in membership in a
qualifying public school academy, there is allocated under this
section to the authorizing body that is the fiscal agent for the
qualifying public school academy for forwarding to the qualifying
public school academy an amount equal to the 1994-95 per pupil
payment to the qualifying public school academy under section 20.
(4) A district or qualifying public school academy may use
funds allocated under this section in conjunction with any federal
funds for which the district or qualifying public school academy
otherwise would be eligible.
(5) For a district that is formed or reconfigured after June
1, 2000 by consolidation of 2 or more districts or by annexation,
the resulting district's 1994-95 foundation allowance under this
section beginning after the effective date of the consolidation or
annexation shall be the average of the 1994-95 foundation
allowances of each of the original or affected districts,
calculated as provided in this section, weighted as to the
percentage of pupils in total membership in the resulting district
in the state fiscal year in which the consolidation takes place who
reside in the geographic area of each of the original districts. If
an affected district's 1994-95 foundation allowance is less than
the 1994-95 basic foundation allowance, the amount of that
district's 1994-95 foundation allowance shall be considered for the
purpose of calculations under this subsection to be equal to the
amount of the 1994-95 basic foundation allowance.
(6)
Subject to conditions set forth in this subsection, from
the
allocation in subsection (1), there is allocated for 2011-2012
only
an amount not to exceed $6,000,000.00 for payments to
districts
that meet the eligibility requirements under this
subsection,
for the reduction in school operating revenues
resulting
from a settlement or other disposition of appeals
described
in subdivision (a). A payment may only be made under this
subsection
if a settlement agreement is signed by all applicable
parties.
Payments made under this subsection shall be in accordance
with
the settlement agreement. All of the following apply to
payments
under this subsection:
(a)
To be eligible for a payment under this subsection, a
district
shall be determined by the department and the department
of
treasury to meet all of the following:
(i) The district does not receive any state portion of
its
foundation
allowance, as calculated under section 20(4).
(ii) Before January 1, 2011, the owner of a
natural-gas-powered
power
plant located in a renaissance zone within the district's
geographic
boundaries for 2009 and 2010 appealed to the Michigan
tax
tribunal an order of the state tax commission for tax years
2009
and 2010 pursuant to section 154 of the general property tax
act,
1893 PA 206, MCL 211.154, and appealed to the state tax
commission
the 2011 classification and valuation of the power
plant.
(iii) The district received a reduced amount of local
school
operating
revenue for tax years 2009, 2010, and 2011 as a result of
the
exemptions of industrial personal property and commercial
personal
property under section 1211 of the revised school code,
MCL
380.1211.
(iv) A settlement agreement has been signed to resolve
the
Michigan
tax tribunal appeal described in subparagraph (ii) and a
memorandum
of understanding that stipulates terms of the settlement
has
been executed by the parties.
(b)
A payment made under this subsection shall be in addition
to
renaissance zone reimbursement amounts paid in the 2009-2010 and
2010-2011
state fiscal years under section 26a to districts
eligible
for payment under this subsection. The 2009-2010 and 2010-
2011
state fiscal year payments under section 26a to a district
receiving
a payment under this subsection shall not be reduced as a
result
of the reduction to the district's 2009 and 2010 taxable
value
of real property under the appeals described in subdivision
(a)(ii).
(6) (7)
As used in this section:
(a) "1994-95 foundation allowance" means a district's 1994-95
foundation allowance calculated and certified by the department of
treasury or the superintendent under former section 20a as enacted
in 1993 PA 336 and as amended by 1994 PA 283.
(b) "Certified mills" means the lesser of 18 mills or the
number of mills of school operating taxes levied by the district in
1993-94.
(c) "Current state fiscal year" means the state fiscal year
for which a particular calculation is made.
(d) "Current year hold harmless school operating taxes per
pupil" means the per pupil revenue generated by multiplying a
district's 1994-95 hold harmless millage by the district's current
year taxable value per membership pupil.
(e) "Hold harmless millage" means, for a district with a 1994-
95 foundation allowance greater than $6,500.00, the number of mills
by which the exemption from the levy of school operating taxes on a
homestead, qualified agricultural property, qualified forest
property, supportive housing property, industrial personal
property, and commercial personal property could be reduced as
provided in section 1211 of the revised school code, MCL 380.1211,
and the number of mills of school operating taxes that could be
levied on all property as provided in section 1211(2) of the
revised school code, MCL 380.1211, as certified by the department
of treasury for the 1994 tax year.
(f) "Homestead", "qualified agricultural property", "qualified
forest property", "supportive housing property", "industrial
personal property", and "commercial personal property" mean those
terms as defined in section 1211 of the revised school code, MCL
380.1211.
(g) "Membership" means the definition of that term under
section 6 as in effect for the particular fiscal year for which a
particular calculation is made.
(h) "Nonexempt property" means property that is not a
principal residence, qualified agricultural property, qualified
forest property, supportive housing property, industrial personal
property, or commercial personal property.
(i) "Qualifying public school academy" means a public school
academy that was in operation in the 1994-95 school year and is in
operation in the current state fiscal year.
(j) "School operating taxes" means local ad valorem property
taxes levied under section 1211 of the revised school code, MCL
380.1211, and retained for school operating purposes.
(k) "Tax increment financing acts" means 1975 PA 197, MCL
125.1651 to 125.1681, the tax increment finance authority act, 1980
PA 450, MCL 125.1801 to 125.1830, the local development financing
act, 1986 PA 281, MCL 125.2151 to 125.2174, the brownfield
redevelopment financing act, 1996 PA 381, MCL 125.2651 to 125.2672,
or the corridor improvement authority act, 2005 PA 280, MCL
125.2871 to 125.2899.
(l) "Taxable value per membership pupil" means each of the
following divided by the district's membership:
(i) For the number of mills by which the exemption from the
levy of school operating taxes on a homestead, qualified
agricultural property, qualified forest property, supportive
housing property, industrial personal property, and commercial
personal property may be reduced as provided in section 1211 of the
revised school code, MCL 380.1211, the taxable value of homestead,
qualified agricultural property, qualified forest property,
supportive housing property, industrial personal property, and
commercial personal property for the calendar year ending in the
Senate Bill No. 182 as amended April 24, 2013
current state fiscal year.
(ii) For the number of mills of school operating taxes that may
be levied on all property as provided in section 1211(2) of the
revised school code, MCL 380.1211, the taxable value of all
property for the calendar year ending in the current state fiscal
year.
Sec.
22b. (1) From the state funds appropriated appropriation
in
section 11, there is allocated for 2011-2012 an amount not to
exceed
$3,052,000,000.00 and there is
allocated for 2012-2013 2013-
2014
an amount not to exceed $3,152,300,000.00
<<$3,329,500,000.00>>
for discretionary nonmandated payments to districts under this
section. Funds allocated under this section that are not expended
in the state fiscal year for which they were allocated, as
determined by the department, may be used to supplement the
allocations under sections 22a and 51c in order to fully fund those
calculated allocations for the same fiscal year.
(2) Subject to subsection (3) and section 296, the allocation
to a district under this section shall be an amount equal to the
sum of the amounts calculated under sections 20, 51a(2), 51a(3),
and 51a(11), minus the sum of the allocations to the district under
sections 22a and 51c.
(3) In order to receive an allocation under subsection (1),
each district shall do all of the following:
(a)
Administer in each grade level that it operates in grades
1
to 5 a standardized assessment approved by the department of
grade-appropriate
basic educational skills. A district may use the
Michigan
literacy progress profile to satisfy this requirement for
grades
1 to 3. Also, if the revised school code is amended to
require
annual assessments at additional grade levels, in order to
receive
an allocation under this section each district shall comply
with
that requirement.Comply with
section 1280b of the revised
school code, MCL 380.1280b.
(b) Comply with sections 1278a and 1278b of the revised school
code, MCL 380.1278a and 380.1278b.
(c) Furnish data and other information required by state and
federal law to the center and the department in the form and manner
specified by the center or the department, as applicable.
(d) Comply with section 1230g of the revised school code, MCL
380.1230g.
(e) Comply with section 21f.
(4) The achievement authority shall not expend any money it
receives from any source other than an allocation under this act
unless the money is specifically appropriated to the achievement
authority. If the achievement authority does not comply with this
subsection, the achievement authority shall not receive an
allocation under subsection (1).
(5)
(4) Districts are encouraged to use funds allocated
under
this section for the purchase and support of payroll, human
resources, and other business function software that is compatible
with that of the intermediate district in which the district is
located and with other districts located within that intermediate
district.
(6) (5)
From the allocation in subsection
(1), the department
shall pay up to $1,000,000.00 in litigation costs incurred by this
state related to commercial or industrial property tax appeals,
including, but not limited to, appeals of classification, that
impact revenues dedicated to the state school aid fund.
(7) (6)
From the allocation in subsection
(1), the department
shall pay up to $1,000,000.00 in litigation costs incurred by this
state associated with lawsuits filed by 1 or more districts or
intermediate districts against this state. If the allocation under
this section is insufficient to fully fund all payments required
under this section, the payments under this subsection shall be
made in full before any proration of remaining payments under this
section.
(8) (7)
It is the intent of the legislature
that all
constitutional obligations of this state have been fully funded
under sections 22a, 31d, 51a, 51c, and 152a. If a claim is made by
an entity receiving funds under this article that challenges the
legislative determination of the adequacy of this funding or
alleges that there exists an unfunded constitutional requirement,
the state budget director may escrow or allocate from the
discretionary funds for nonmandated payments under this section the
amount as may be necessary to satisfy the claim before making any
payments to districts under subsection (2). If funds are escrowed,
the escrowed funds are a work project appropriation and the funds
are carried forward into the following fiscal year. The purpose of
the work project is to provide for any payments that may be awarded
to districts as a result of litigation. The work project shall be
completed upon resolution of the litigation.
(9) (8)
If the local claims review board or
a court of
competent jurisdiction makes a final determination that this state
is in violation of section 29 of article IX of the state
constitution of 1963 regarding state payments to districts, the
state budget director shall use work project funds under subsection
(7)
(8) or allocate from the discretionary funds for
nonmandated
payments under this section the amount as may be necessary to
satisfy the amount owed to districts before making any payments to
districts under subsection (2).
(10) (9)
If a claim is made in court that challenges
the
legislative determination of the adequacy of funding for this
state's constitutional obligations or alleges that there exists an
unfunded constitutional requirement, any interested party may seek
an expedited review of the claim by the local claims review board.
If the claim exceeds $10,000,000.00, this state may remove the
action to the court of appeals, and the court of appeals shall have
and shall exercise jurisdiction over the claim.
(11) (10)
If payments resulting from a final
determination by
the local claims review board or a court of competent jurisdiction
that there has been a violation of section 29 of article IX of the
state constitution of 1963 exceed the amount allocated for
discretionary nonmandated payments under this section, the
legislature shall provide for adequate funding for this state's
constitutional obligations at its next legislative session.
(12) (11)
If a lawsuit challenging payments
made to districts
related to costs reimbursed by federal title XIX medicaid funds is
filed against this state, then, for the purpose of addressing
potential liability under such a lawsuit, the state budget director
Senate Bill No. 182 as amended April 24, 2013
may place funds allocated under this section in escrow or allocate
money from the funds otherwise allocated under this section, up to
a maximum of 50% of the amount allocated in subsection (1). If
funds are placed in escrow under this subsection, those funds are a
work project appropriation and the funds are carried forward into
the following fiscal year. The purpose of the work project is to
provide for any payments that may be awarded to districts as a
result of the litigation. The work project shall be completed upon
resolution of the litigation. In addition, this state reserves the
right to terminate future federal title XIX medicaid reimbursement
payments to districts if the amount or allocation of reimbursed
funds is challenged in the lawsuit. As used in this subsection,
"title XIX" means title XIX of the social security act, 42 USC 1396
to 1396v.
(12)
Not later than January 1, 2013, the department shall
submit
a report to the legislature identifying the amount of the
savings
that the department has calculated as having been achieved
due
to the revised number of instructional hours used to calculate
full-time
equated memberships for kindergarten pupils under section
6(4)(r)
as amended by 2011 PA 62.
<<
Senate Bill No. 182 as amended April 24, 2013
>>
Sec. 22d. (1) From the appropriation in section 11, an amount
not
to exceed $2,025,000.00 $2,584,600.00
is allocated each fiscal
year
for 2011-2012 and for 2012-2013 for
2013-2014 for supplemental
payments to rural districts under this section.
(2) From the allocation under subsection (1), there is
allocated
each fiscal year for 2011-2012 and for 2012-2013 for
2013-2014
an amount not to exceed $750,000.00 $957,300.00 for
payments under this subsection to districts that meet all of the
following:
(a) Operates grades K to 12.
(b) Has fewer than 250 pupils in membership.
(c) Each school building operated by the district meets at
least 1 of the following:
(i) Is located in the Upper Peninsula at least 30 miles from
any other public school building.
(ii) Is located on an island that is not accessible by bridge.
(3) The amount of the additional funding to each eligible
district under subsection (2) shall be determined under a spending
plan developed as provided in this subsection and approved by the
superintendent of public instruction. The spending plan shall be
developed cooperatively by the intermediate superintendents of each
intermediate district in which an eligible district is located. The
intermediate superintendents shall review the financial situation
of each eligible district, determine the minimum essential
financial needs of each eligible district, and develop and agree on
a spending plan that distributes the available funding under
subsection (2) to the eligible districts based on those financial
needs. The intermediate superintendents shall submit the spending
plan to the superintendent of public instruction for approval. Upon
approval by the superintendent of public instruction, the amounts
specified for each eligible district under the spending plan are
allocated under subsection (2) and shall be paid to the eligible
districts in the same manner as payments under section 22b.
(4) Subject to subsection (6), from the allocation in
subsection
(1), there is allocated each fiscal year for 2011-2012
and
for 2012-2013 for 2013-2014 an amount not to exceed
$1,275,000.00
$1,627,300.00 for payments under this subsection to
districts that meet all of the following:
(a) The district has 5.0 or fewer pupils per square mile as
determined by the department.
(b) The district has a total square mileage greater than 200.0
or is 1 of 2 districts that have consolidated transportation
services and have a combined total square mileage greater than
200.0.
(5) The funds allocated under subsection (4) shall be
allocated on an equal per pupil basis.
(6) A district receiving funds allocated under subsection (2)
is not eligible for funding allocated under subsection (4).
Sec. 22j. (1) From the appropriation in section 11, there is
allocated
for 2012-2013 2013-2014 an amount not to exceed
$30,000,000.00
$46,400,000.00 to provide separate incentive
payments to districts that meet student academic performance
funding goals under subsections (2) to (5). Payments received under
this section may be used for any purpose for which payments under
sections 22a and 22b may be used.
(2) The maximum amount of the incentive payment for student
academic performance is an amount equal to $100.00 per pupil.
Payments calculated and awarded to qualifying districts under
subsections (3) to (5) shall be calculated and awarded separately,
and a district may receive a payment under any or all of
subsections (3) to (5).
(3) An amount not to exceed 30% of the maximum per pupil
amount allocated under subsection (2) shall be used to make
performance incentive payments to qualifying districts under this
subsection based on pupil performance on state assessments in
mathematics in grades 3 to 8. The amount of a payment under this
subsection is an amount equal to $30.00 per pupil for all pupils in
membership in a qualifying district. The department shall determine
the qualifying districts under this subsection as follows:
(a) Using a model determined by the department that
incorporates the most recent cut scores adopted for the Michigan
educational assessment program for each pupil in grades 3 to 8 in
the
2010-2011 2011-2012 school year, the department shall calculate
a point score using a metric that assigns points to each of those
pupils as follows:
(i) For each pupil who began the school year not performing
proficiently in mathematics and who declines in proficiency, as
determined by the department, over the school year, 0 points.
(ii) For each pupil who began the school year performing
proficiently in mathematics and declines in proficiency, as
determined by the department, over the school year, 0 points.
(iii) For each pupil who began the school year not performing
proficiently in mathematics and who maintains his or her level of
proficiency, as determined by the department, over the school year,
1 point.
(iv) For each pupil who began the school year performing
proficiently in mathematics and who maintains his or her level of
proficiency, as determined by the department, over the school year,
2 points.
(v) For each pupil who began the school year not performing
proficiently in mathematics and who improves in proficiency, as
determined by the department, over the school year, 3 points.
(vi) For each pupil who began the school year performing
proficiently in mathematics and who improves in proficiency, as
determined by the department, over the school year, 2 points.
(b) The department shall then calculate a district average for
this
metric for the 2010-2011 2011-2012
school year by totaling the
number of points for all pupils in grades 3 to 8 under subdivision
(a) and dividing that total by the number of those pupils.
(c) A district is a qualifying district for the payment under
this
subsection if the district average for the 2010-2011 2011-2012
school year under subdivision (b) is at least equal to a factor of
1.5, and the district tested at least 95% of its pupils in
mathematics, and the district had at least 30 full academic year
pupils in grades 3 to 8 with a performance level change designation
in mathematics.
(4) An amount not to exceed 30% of the maximum per pupil
amount allocated under subsection (2) shall be used to make
performance incentive payments to qualifying districts under this
subsection based on pupil performance on state assessments in
reading in grades 3 to 8. The amount of a payment under this
subsection is an amount equal to $30.00 per pupil for all pupils in
membership in the district. The department shall determine the
qualifying districts under this subsection as follows:
(a) Using a model determined by the department that
incorporates the most recent cut scores adopted for the Michigan
educational assessment program for each pupil in grades 3 to 8 in
the
2010-2011 2011-2012 school year, the department shall calculate
a point score using a metric that assigns points to each of those
pupils as follows:
(i) For each pupil who began the school year not performing
proficiently in reading and who declines in proficiency, as
determined by the department, over the school year, 0 points.
(ii) For each pupil who began the school year performing
proficiently in reading and declines in proficiency, as determined
by the department, over the school year, 0 points.
(iii) For each pupil who began the school year not performing
proficiently in reading and who maintains proficiency, as
determined by the department, over the school year, 1 point.
(iv) For each pupil who began the school year performing
proficiently in reading and who maintains proficiency, as
determined by the department, over the school year, 2 points.
(v) For each pupil who began the school year not performing
proficiently in reading and who improves in proficiency, as
determined by the department, over the school year, 3 points.
(vi) For each pupil who began the school year performing
proficiently in reading and who improves in proficiency, as
determined by the department, over the school year, 2 points.
(b) The department shall then calculate a district average for
this
metric for the 2010-2011 2011-2012
school year by totaling the
number of points for all pupils in grades 3 to 8 under subdivision
(a) and dividing that total by the number of those pupils.
(c) A district is a qualifying district for the payment under
this
subsection if the district average for the 2010-2011 2011-2012
school year under subdivision (b) is at least equal to a factor of
1.5, and the district tested at least 95% of its pupils in reading,
and the district had at least 30 full academic year pupils in
grades 3 to 8 reading with a performance level change designation
in reading.
(5) An amount not to exceed 40% of the maximum per pupil
amount allocated under subsection (2) shall be used to make
performance incentive payments to qualifying districts under this
subsection for high school improvement using a metric based on the
positive trend over a 4-year period in the percentage of high
school pupils in the district testing as proficient in all tested
subject areas on the state assessments of high school pupils. The
amount of a payment under this subsection is an amount equal to
$40.00 per pupil for all pupils in membership in the district. The
department shall determine the qualifying districts under this
subsection as follows:
(a) Calculate a linear regression of the percentage of high
school pupils in the district testing as proficient in all tested
subject areas on state assessments of high school pupils on school
year
over the 4-year period ending with the 2010-2011 2011-2012
school year as adjusted for changes in cut scores most recently
adopted for the Michigan merit examination.
(b) Calculate a statewide average for all districts operating
a high school of the linear regression of the percentage of high
school pupils testing as proficient in all tested subject areas on
state assessments of high school pupils on school year over the 4-
year
period ending with the 2010-2011 2011-2012 school year, as
adjusted for changes in cut scores most recently adopted for the
Michigan merit examination as the base year for all comparisons.
(c) A district is a qualifying district for the payment under
this subsection if the district's linear regression over the 4-year
period
ending with the 2010-2011 2011-2012
school year under
subdivision (a) is at least equal to the statewide average linear
regression over the 4-year period ending with the base year under
subdivision (b), and the district's linear regression over the 4-
year
period ending with the 2010-2011 2011-2012 school year under
subdivision (a) is positive, and the district tested 95% of high
school
pupils in each tested subject on the Michigan merit
examination,
state assessments, and the district had at least 20
full
academic year pupils take all tested subjects on the Michigan
merit
examination state assessments
of high school pupils over each
of the most recent 4 years.
(6) If the allocation under subsection (1) is insufficient to
fully fund payments as otherwise calculated under this section, the
department shall prorate payments under this section on an equal
percentage basis.
(7) It is the intent of the legislature that grants awarded
under this section in 2014-2015 shall be based on growth scores
achieved using computer adaptive tests in the 2013-2014 school
year.
Sec. 22k. (1) From the appropriation in section 11, there is
allocated for 2013-2014 an amount not to exceed $8,000,000.00 for
competitive student-centric grants to eligible districts.
(2) In order to be eligible to receive grants, a district
shall demonstrate to the satisfaction of the department that the
district does all of the following:
(a) Provides a rigorous curriculum aligned to state, national,
and international standards.
(b) Organizes instructional delivery in such a way that
individual pupils advance to the next level of learning based on
their individual mastery of each subject area.
(c) Allows for school site-based autonomy in decision making.
(d) Ensures that teachers have access to all of the following:
(i) Timely and meaningful pupil academic achievement data.
(ii) Best instructional practices.
(iii) Time to collaborate with others.
(iv) Mentors.
(v) Professional development tied to pupil needs as
demonstrated by data.
(3) A district seeking a grant under this section shall submit
an application to the department by October 1, 2013 in a form and
manner prescribed by the department. The department shall award
grants on a per pupil basis to eligible recipients no later than
December 30, 2013.
(4) The amount of a grant to a district receiving a grant
under this section shall not exceed $1,000,000.00.
Sec. 22m. (1) From the state school aid fund money
appropriated in section 11, there is allocated for 2013-2014 an
amount not to exceed $18,000,000.00 for the purpose of providing
every district with access to a computer-adaptive test for each
pupil enrolled in the district. The computer-adaptive test provided
shall be the test that is chosen through a request for proposal
process undertaken by the department not later than August 1, 2013
and that is determined as the sole provider of the test. The
computer-adaptive test chosen by the department shall provide at
least all of the following:
(a) Internet-delivered, standards-based assessment using a
computer-adaptive model to target the instructional level of each
pupil.
(b) Unlimited testing opportunities throughout the 2013-2014
school year.
(c) Valid and reliable diagnostic assessment data.
(d) Adjustment of testing difficulty based on previous answers
to test questions.
(e) Immediate feedback to pupils and teachers.
(2) Money allocated under this section shall be used only to
provide districts with access to a computer-adaptive test for each
pupil. The department shall not distribute or use this money for
any other purpose.
Sec. 24. (1) From the appropriation in section 11, there is
allocated
for 2012-2013 2013-2014 an amount not to exceed
$8,000,000.00 for payments to the educating district or
intermediate district for educating pupils assigned by a court or
the department of human services to reside in or to attend a
juvenile detention facility or child caring institution licensed by
the department of human services and approved by the department to
provide an on-grounds education program. The amount of the payment
under this section to a district or intermediate district shall be
calculated as prescribed under subsection (2).
(2) The total amount allocated under this section shall be
allocated by paying to the educating district or intermediate
district an amount equal to the lesser of the district's or
intermediate district's added cost or the department's approved per
pupil allocation for the district or intermediate district. For the
purposes of this subsection:
(a) "Added cost" means 100% of the added cost each fiscal year
for educating all pupils assigned by a court or the department of
human services to reside in or to attend a juvenile detention
facility or child caring institution licensed by the department of
human services or the department of licensing and regulatory
affairs and approved by the department to provide an on-grounds
education program. Added cost shall be computed by deducting all
other
revenue received under this act article
for pupils described
in this section from total costs, as approved by the department, in
whole or in part, for educating those pupils in the on-grounds
education program or in a program approved by the department that
is located on property adjacent to a juvenile detention facility or
child caring institution. Costs reimbursed by federal funds are not
included.
(b) "Department's approved per pupil allocation" for a
district or intermediate district shall be determined by dividing
the total amount allocated under this section for a fiscal year by
the full-time equated membership total for all pupils approved by
the department to be funded under this section for that fiscal year
for the district or intermediate district.
(3) A district or intermediate district educating pupils
described in this section at a residential child caring institution
may operate, and receive funding under this section for, a
department-approved on-grounds educational program for those pupils
that is longer than 181 days, but not longer than 233 days, if the
child caring institution was licensed as a child caring institution
and offered in 1991-92 an on-grounds educational program that was
longer than 181 days but not longer than 233 days and that was
operated by a district or intermediate district.
(4) Special education pupils funded under section 53a shall
not be funded under this section.
Sec. 24a. From the appropriation in section 11, there is
allocated
an amount not to exceed $2,135,800.00 for 2012-2013
$2,167,500.00 for 2013-2014 for payments to intermediate districts
for pupils who are placed in juvenile justice service facilities
operated by the department of human services. Each intermediate
district shall receive an amount equal to the state share of those
costs that are clearly and directly attributable to the educational
programs for pupils placed in facilities described in this section
that are located within the intermediate district's boundaries. The
intermediate districts receiving payments under this section shall
cooperate with the department of human services to ensure that all
funding allocated under this section is utilized by the
intermediate district and department of human services for
educational programs for pupils described in this section. Pupils
described in this section are not eligible to be funded under
section 24. However, a program responsibility or other fiscal
responsibility associated with these pupils shall not be
transferred from the department of human services to a district or
intermediate district unless the district or intermediate district
consents to the transfer.
Sec. 24c. From the appropriation in section 11, there is
allocated
an amount not to exceed $1,500,000.00 for 2012-2013 2013-
2014 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
located within the district and is administered by the department
of military and veterans affairs. Both of the following apply to a
district receiving payments under this section:
(a) The district shall contract with the department of
military and veterans affairs to ensure that all funding allocated
under this section is utilized by the district and the department
of military and veterans affairs for the youth challenge program.
(b) The district may retain for its administrative expenses an
amount not to exceed 3% of the amount of the payment the district
receives under this section.
Sec. 25e. (1) The center shall work with the department,
districts, and intermediate districts to develop a pupil transfer
application modeled on the graduation and dropout application and
to develop a pupil transfer process under this section. The center
shall complete development of this pupil transfer application not
later than November 1, 2013.
(2) If a pupil enrolls in a district or intermediate district
after the pupil membership count day and, due to the pupil's
enrollment and attendance status as of the pupil membership count
day, the pupil was not counted in membership in the educating
district or intermediate district, the educating district or
intermediate district may report the enrollment and attendance
information to the center through the pupil transfer application
until the supplemental count day. If the pupil transfers from
another district or intermediate district, the educating district
or intermediate district also may report the enrollment and
attendance information to the center through the pupil transfer
application until the supplemental count day. Upon receipt of the
transfer information under this subsection indicating that a pupil
has enrolled and is in attendance in an educating district or
intermediate district as described in this subsection, the pupil
transfer application shall do the following:
(a) Notify the district in which the pupil was previously
enrolled. The district shall provide pupil exit dates and other
information as required by the center and the department.
(b) Notify both the pupil auditing staff of the intermediate
district in which the educating district is located and the pupil
auditing staff of the intermediate district in which the district
that previously enrolled the pupil is located. The pupil auditing
staff shall edit, if necessary, and approve the transfer.
(c) Aggregate the districtwide changes and notify the
department for use in adjusting the state aid payment system.
(3) The department shall do all of the following:
(a) Adjust the membership calculation for each district or
intermediate district in which the pupil was previously counted in
membership or that previously received an adjustment in its
membership calculation under this section due to the pupil's
enrollment and attendance, if any, so that the district's or
intermediate district's membership is prorated to allow the
district or intermediate district to receive for each school day in
which the pupil was enrolled and in attendance in the district an
amount equal to 1/180 of the foundation allowance or per pupil
payment as calculated under section 20 for the district or
intermediate district. The foundation allowance or per pupil
payment shall be adjusted by the pupil's full-time equated status
as affected by the membership definition under section 6(4).
(b) Adjust the membership calculation for the educating
district or intermediate district for each school day in which the
pupil is enrolled and is in attendance in the educating district or
intermediate district so that the district's or intermediate
district's membership is increased to allow the district or
intermediate district to receive, for each school day between the
day the pupil enrolled in the educating district and the
supplemental count day, an amount equal to 1/180 of the foundation
allowance or per pupil payment as calculated under section 20 for
the educating district or intermediate district. The foundation
allowance or per pupil payment shall be adjusted by the pupil's
full-time equated status as affected by the membership definition
under section 6(4).
(4) The changes in calculation of state school aid required
under subsection (3) shall take effect as of the date that the
pupil becomes enrolled and in attendance in the educating district
or intermediate district, and the department shall base all
subsequent payments under this article for the fiscal year to the
affected districts or intermediate districts on this recalculation
of state school aid.
(5) If a pupil enrolls in an educating district or
intermediate district as described in subsection (2), the district
or intermediate district in which the pupil is counted in
membership or another educating district or intermediate district
that received an adjustment in its membership calculation under
subsection (3), if any, and the educating district or intermediate
district shall provide to the center and the department all
information they require to comply with this section.
(6) As used in this section, "educating district or
intermediate district" means the district or intermediate district
in which a pupil enrolls after the pupil membership count day or
after an adjustment was made in another district's or intermediate
district's membership calculation under this section due to the
pupil's enrollment and attendance.
Sec.
26a. (1) From the state school aid fund appropriation in
section
11, there is allocated an amount not to exceed
$25,137,500.00
for 2011-2012 and an amount not to
exceed
$26,300,000.00
for 2012-2013 2013-2014 to reimburse districts and
intermediate districts pursuant to section 12 of the Michigan
renaissance zone act, 1996 PA 376, MCL 125.2692, for taxes levied
in
2012. 2013. The allocations shall be made not later than 60 days
after the department of treasury certifies to the department and to
the state budget director that the department of treasury has
received all necessary information to properly determine the
amounts due to each eligible recipient.
(2)
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 $1,500,000.00 for 2012-2013 to
reimburse
public libraries pursuant to section 12 of the Michigan
renaissance
zone act, 1996 PA 376, MCL 125.2692, for taxes levied
in
2012. The allocations shall be made not later than 60 days after
the
department of treasury certifies to the department and to the
state
budget director that the department of treasury has received
all
necessary information to properly determine the amounts due to
each
eligible recipient.
Sec. 26b. (1) From the appropriation in section 11, there is
allocated
for 2012-2013 2013-2014 an amount not to exceed
$3,328,000.00
$4,009,500.00 for payments to districts, intermediate
districts, and community college districts for the portion of the
payment in lieu of taxes obligation that is attributable to
districts, intermediate districts, and community college districts
pursuant to section 2154 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.2154.
(2) If the amount appropriated under this section is not
sufficient to fully pay obligations under this section, payments
shall be prorated on an equal basis among all eligible districts,
intermediate districts, and community college districts.
Sec. 26c. (1) From the appropriation in section 11, there is
allocated
an amount not to exceed $276,800.00 for 2011-2012 and an
amount
not to exceed $347,800.00 for 2012-2013 $224,000.00 for
2013-2014 to the promise zone fund created in subsection (3).
(2) Funds allocated to the promise zone fund under this
section shall be used solely for payments to eligible districts and
intermediate districts that have a promise zone development plan
approved by the department of treasury under section 7 of the
Michigan promise zone authority act, 2008 PA 549, MCL 390.1667.
(3) The promise zone fund is created as a separate account
within the state school aid fund to be used solely for the purposes
of the Michigan promise zone authority act, 2008 PA 549, MCL
390.1661 to 390.1679. All of the following apply to the promise
zone fund:
(a) The state treasurer shall direct the investment of the
promise zone fund. The state treasurer shall credit to the promise
zone fund interest and earnings from fund investments.
(b) Money in the promise zone fund at the close of a fiscal
year shall remain in the promise zone fund and shall not lapse to
the general fund.
(4) Subject to subsection (2), the state treasurer may make
payments from the promise zone fund to eligible districts and
intermediate districts pursuant to the Michigan promise zone
authority act, 2008 PA 549, MCL 390.1661 to 390.1679, to be used
for the purposes of a promise zone authority created under that
act.
Sec. 31a. (1) From the state school aid fund money
appropriated
in section 11, there is allocated for 2012-2013 2013-
2014 an amount not to exceed $317,695,500.00 for payments to
eligible districts, eligible public school academies, and the
education achievement system under this section. Subject to
subsection (14), the amount of the additional allowance under this
section, other than funding under subsection (6) or (7), shall be
based on the number of actual pupils in membership in the district
or public school academy or the education achievement system who
met the income eligibility criteria for free breakfast, lunch, or
milk in the immediately preceding state fiscal year, as determined
under the Richard B. Russell national school lunch act, 42 USC 1751
to 1769i, and reported to the department not later than the fifth
Wednesday after the pupil membership count day of the immediately
preceding fiscal year and adjusted not later than December 31 of
the immediately preceding fiscal year in the form and manner
prescribed by the center. However, for a public school academy that
began operations as a public school academy, or for an achievement
school that began operations as an achievement school, after the
pupil membership count day of the immediately preceding school
year, the basis for the additional allowance under this section
shall be the number of actual pupils in membership in the public
school academy or the education achievement system who met the
income eligibility criteria for free breakfast, lunch, or milk in
the current state fiscal year, as determined under the Richard B.
Russell national school lunch act and reported to the department
not later than the fifth Wednesday after the pupil membership count
day.
(2) To be eligible to receive funding under this section,
other than funding under subsection (6) or (7), a district or
public school academy that has not been previously determined to be
eligible or the education achievement system shall apply to the
department, in a form and manner prescribed by the department, and
a district or public school academy or the education achievement
system must meet all of the following:
(a) The sum of the district's or public school academy's or
the education achievement system's combined state and local revenue
per membership pupil in the current state fiscal year, as
calculated under section 20, is less than or equal to the basic
foundation allowance under section 20 for the current state fiscal
year.
(b) The district or public school academy or the education
achievement system agrees to use the funding only for purposes
allowed under this section and to comply with the program and
accountability requirements under this section.
(3) Except as otherwise provided in this subsection, an
eligible district or eligible public school academy or the
education achievement system shall receive under this section for
each membership pupil in the district or public school academy or
the education achievement system who met the income eligibility
criteria for free breakfast, lunch, or milk, as determined under
the Richard B. Russell national school lunch act and as reported to
the department not later than the fifth Wednesday after the pupil
membership count day of the immediately preceding fiscal year and
adjusted not later than December 31 of the immediately preceding
fiscal year, an amount per pupil equal to 11.5% of the sum of the
district's foundation allowance or the public school academy's or
the education achievement system's per pupil amount calculated
under section 20, not to exceed the basic foundation allowance
under section 20 for the current state fiscal year, or of the
public school academy's or the education achievement system's per
membership pupil amount calculated under section 20 for the current
state fiscal year. A public school academy that began operations as
a public school academy, or an achievement school that began
operations as an achievement school, 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 or in the education achievement system who met the income
eligibility criteria for free breakfast, lunch, or milk, as
determined under the Richard B. Russell national school lunch act
and as reported to the department not later than the fifth
Wednesday after the pupil membership count day of the current
fiscal year and adjusted not later than December 31 of the current
fiscal year, an amount per pupil equal to 11.5% of the public
school academy's or the education achievement system's per
membership pupil amount calculated under section 20 for the current
state fiscal year.
(4) Except as otherwise provided in this section, a district
or public school academy, or the education achievement system,
receiving funding under this section shall use that money only to
provide instructional programs and direct noninstructional
services, including, but not limited to, medical or counseling
services, for at-risk pupils; for school health clinics; for
preschool programs pursuant to section 32d; and for the purposes of
subsection (5), (6), or (7). 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 met the
income eligibility criteria for free breakfast, lunch, or milk in
the immediately preceding state fiscal year, as determined and
reported as described in subsection (1), or the education
achievement system if it meets this requirement, may use not more
than 20% of the funds it receives under this section for school
security. A district, the public school academy, or the education
achievement system shall not use any of that money for
administrative costs or to supplant another program or other funds,
except for funds allocated to the district or public school academy
or the education achievement system under this section in the
immediately preceding year and already being used by the district
or public school academy or the education achievement system for
at-risk pupils. 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 and may include, but are not limited to, tutorial services,
early childhood programs to serve children age 0 to 5, and reading
programs as described in former section 32f as in effect for 2001-
2002. A tutorial method may be conducted with paraprofessionals
working under the supervision of a certificated teacher. The ratio
of pupils to paraprofessionals shall be between 10:1 and 15:1. Only
1 certificated teacher is required to supervise instruction using a
tutorial method. As used in this subsection, "to supplant another
program" means to take the place of a previously existing
instructional program or direct noninstructional services funded
from a funding source other than funding under this section.
(5) Except as otherwise provided in subsection (12), 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, or the education
achievement system if it operates a school breakfast program, 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 or the education achievement system receives funds under
this section, necessary to pay for costs associated with the
operation of the school breakfast program.
(6) From the funds allocated under subsection (1), there is
allocated
for 2012-2013 2013-2014 an amount not to exceed
$3,557,300.00 to support child and adolescent health centers. These
grants shall be awarded for 5 consecutive years beginning with
2003-2004 in a form and manner approved jointly by the department
and the department of community health. Each grant recipient shall
remain in compliance with the terms of the grant award or shall
forfeit the grant award for the duration of the 5-year period after
the noncompliance. To continue to receive funding for a child and
adolescent health center under this section a grant recipient shall
ensure that the child and adolescent health center has an advisory
committee and that at least one-third of the members of the
advisory committee are parents or legal guardians of school-aged
children. A child and adolescent health center program shall
recognize the role of a child's parents or legal guardian in the
physical and emotional well-being of the child. Funding under this
subsection shall be used to support child and adolescent health
center services provided to children up to age 21. 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.
(7) From the funds allocated under subsection (1), there is
allocated
for 2012-2013 2013-2014 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 community
health. Notwithstanding section 17b, payments to eligible entities
under this subsection shall be paid on a schedule determined by the
department.
(8) Each district or public school academy receiving funds
under this section and the education achievement system shall
submit to the department by July 15 of each fiscal year a report,
not to exceed 10 pages, on the usage by the district or public
school academy or the education achievement system of funds under
this section, which report shall include at least a brief
description of each program conducted by the district or public
school academy or the education achievement system using funds
under this section, the amount of funds under this section
allocated to each of those programs, the number of at-risk pupils
eligible for free or reduced price school lunch who were served by
each of those programs, and the total number of at-risk pupils
served by each of those programs. If a district or public school
academy or the education achievement system 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 or the education achievement system complies
with this subsection. If the district or public school academy or
the education achievement system 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.
(9) In order to receive funds under this section, a district
or public school academy or the education achievement system 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 or the education
achievement system shall reimburse the state for all disallowances
found in the audit.
(10)
Subject to subsections (5), (6), (7), (12), and (13), any
a district may use up to 100% of the funds it receives under this
section to reduce the ratio of pupils to teachers in grades K-12,
or any combination of those grades, in school buildings in which
the percentage of pupils described in subsection (1) exceeds the
district's aggregate percentage of those pupils. Subject to
subsections
(5), (6), (7), (12), and (13), if a district obtains a
waiver
from the department, the a district may use up to 100% of
the funds it receives under this section to reduce the ratio of
pupils to teachers in grades K-12, or any combination of those
grades, in school buildings in which the percentage of pupils
described in subsection (1) is at least 60% of the district's
aggregate percentage of those pupils and at least 30% of the total
number
of pupils enrolled in the school building. To obtain a
waiver,
a district must apply to the department and demonstrate to
the
satisfaction of the department that the class size reductions
would
be in the best interests of the district's at-risk pupils.
(11) A district or public school academy or the education
achievement system may use funds received under this section for
adult high school completion, general educational development
(G.E.D.) test preparation, adult English as a second language, or
adult basic education programs described in section 107.
(12) For an individual school or schools operated by a
district or public school academy receiving funds under this
section or the education achievement system that have been
determined by the department to meet the adequate yearly progress
standards of the no child left behind act of 2001, Public Law 107-
110, in both mathematics and English language arts at all
applicable grade levels for all applicable subgroups, the district
or public school academy or the education achievement system may
use not more than 20% of the funds it receives under this section
for specific alternative purposes identified by the district or
public school academy or the education achievement system that are
designed to benefit at-risk pupils in the school, but that may be
different from the purposes otherwise allowable under this section.
If a district or public school academy or the education achievement
system uses funds for alternative purposes allowed under the
flexibility provisions under this subsection, the district or
public school academy or the education achievement system shall
maintain documentation of the amounts used for those alternative
purposes and shall make that information available to the
department upon request.
(13) A district or public school academy that receives funds
under this section or the education achievement system may use
funds it receives under this section to implement and operate an
early intervening program for pupils in grades K to 3 that meets
either or both of the following:
(a) Monitors individual pupil learning and provides specific
support or learning strategies to pupils as early as possible in
order to reduce the need for special education placement. The
program shall include literacy and numeracy supports, sensory motor
skill development, behavior supports, instructional consultation
for teachers, and the development of a parent/school learning plan.
Specific support or learning strategies may include support in or
out of the general classroom in areas including reading, writing,
math, visual memory, motor skill development, behavior, or language
development. These would be provided based on an understanding of
the individual child's learning needs.
(b) Provides early intervening strategies using school-wide
systems of academic and behavioral supports and is scientifically
research-based. The strategies to be provided shall include at
least pupil performance indicators based upon response to
intervention, instructional consultation for teachers, and ongoing
progress monitoring. A school-wide system of academic and
behavioral support should be based on a support team available to
the classroom teachers. The members of this team could include the
principal, special education staff, reading teachers, and other
appropriate personnel who would be available to systematically
study the needs of the individual child and work with the teacher
to match instruction to the needs of the individual child.
(14) If necessary, and before any proration required under
section
11, 296, the department shall prorate payments under this
section by reducing the amount of the per pupil payment under this
section by a dollar amount calculated by determining the amount by
which the amount necessary to fully fund the requirements of this
section exceeds the maximum amount allocated under this section and
then dividing that amount by the total statewide number of pupils
who met the income eligibility criteria for free breakfast, lunch,
or milk in the immediately preceding fiscal year, as described in
subsection (1).
(15) If a district is formed by consolidation after June 1,
1995, and if 1 or more of the original districts was not eligible
before the consolidation for an additional allowance under this
section, the amount of the additional allowance under this section
for the consolidated district shall be based on the number of
pupils described in subsection (1) enrolled in the consolidated
district who reside in the territory of an original district that
was eligible before the consolidation for an additional allowance
under this section.
(16) As used in this section, "at-risk pupil" means a pupil
for whom the district has documentation that the pupil meets at
least 2 of the following criteria: is a victim of child abuse or
neglect;
is below grade level in English language and communication
skills
arts or mathematics; is a pregnant teenager or teenage
parent; is eligible for a federal free or reduced-price lunch
subsidy; has atypical behavior or attendance patterns; or has a
family history of school failure, incarceration, or substance
abuse. At-risk pupil also includes all pupils in a priority school
as defined in the elementary and secondary education act of 2001
flexibility request approved by the United States department of
education. For pupils for whom the results of at least the
applicable Michigan education assessment program (MEAP) test have
been received, at-risk pupil also includes a pupil who does not
meet the other criteria under this subsection but who did not
achieve at least a score of level 2 on the most recent MEAP English
language arts, mathematics, science test, or social studies for
which results for the pupil have been received. For pupils for whom
the results of the Michigan merit examination have been received,
at-risk pupil also includes a pupil who does not meet the other
criteria under this subsection but who did not achieve proficiency
on
the reading, component writing, mathematics, science, or social
studies components of the most recent Michigan merit examination
for
which results for the pupil have been received. , did not
achieve
proficiency on the mathematics component of the most recent
Michigan
merit examination for which results for the pupil have
been
received, or did not achieve basic competency on the science
component
of the most recent Michigan merit examination for which
results
for the pupil have been received. For
pupils in grades K-3,
at-risk pupil also includes a pupil who is at risk of not meeting
the district's core academic curricular objectives in English
language arts or mathematics.
(17) A district or public school academy that receives funds
under this section or the education achievement system may use
funds received under this section to provide an anti-bullying or
crisis intervention program.
Sec. 31d. (1) From the appropriations in section 11, there is
allocated
an amount not to exceed $22,495,100.00 for 2012-2013
2013-2014 for the purpose of making payments to districts and other
eligible entities under this section.
(2) The amounts allocated from state sources under this
section shall be used to pay the amount necessary to reimburse
districts for 6.0127% of the necessary costs of the state mandated
portion of the school lunch programs provided by those districts.
The amount due to each district under this section shall be
computed by the department using the methods of calculation adopted
by the Michigan supreme court in the consolidated cases known as
Durant v State of Michigan, Michigan supreme court docket no.
104458-104492.
(3) The payments made under this section include all state
payments made to districts so that each district receives at least
6.0127% of the necessary costs of operating the state mandated
portion of the school lunch program in a fiscal year.
(4) The payments made under this section to districts and
other eligible entities that are not required under section 1272a
of the revised school code, MCL 380.1272a, to provide a school
lunch program shall be in an amount not to exceed $10.00 per
eligible pupil plus 5 cents for each free lunch and 2 cents for
each reduced price lunch provided, as determined by the department.
(5) From the federal funds appropriated in section 11, there
is
allocated for 2012-2013 2013-2014
all available federal funding,
estimated
at $400,000,000.00, $460,000,000.00
for the national
school lunch program and all available federal funding, estimated
at
$2,506,000.00, $3,200,000.00
for the emergency food assistance
program.
(6) Notwithstanding section 17b, payments to eligible entities
other than districts under this section shall be paid on a schedule
determined by the department.
(7) In purchasing food for a school lunch program funded under
this section, preference shall be given to food that is grown or
produced by Michigan businesses if it is competitively priced and
of comparable quality.
Sec. 31f. (1) From the appropriations in section 11, there is
allocated
an amount not to exceed $9,625,000.00 for 2012-2013
$5,625,000.00 for 2013-2014 for the purpose of making payments to
districts to reimburse for the cost of providing breakfast.
(2) The funds allocated under this section for school
breakfast programs shall be made available to all eligible
applicant districts that meet all of the following criteria:
(a) The district participates in the federal school breakfast
program and meets all standards as prescribed by 7 CFR parts 220
and 245.
(b) Each breakfast eligible for payment meets the federal
standards described in subdivision (a).
(3) The payment for a district under this section is at a per
meal rate equal to the lesser of the district's actual cost or 100%
of the statewide average cost of a breakfast served, as determined
and approved by the department, less federal reimbursement,
participant payments, and other state reimbursement. The statewide
average cost shall be determined by the department using costs as
reported in a manner approved by the department for the preceding
school year.
(4) Notwithstanding section 17b, payments under this section
may be made pursuant to an agreement with the department.
(5) In purchasing food for a school breakfast program funded
under this section, preference shall be given to food that is grown
or produced by Michigan businesses if it is competitively priced
and of comparable quality.
Sec. 32d. (1) From the funds appropriated in section 11, there
is allocated to eligible intermediate districts and consortia of
intermediate districts for great start readiness programs an amount
not
to exceed $109,275,000.00 for 2012-2013. $174,275,000.00 for
2013-2014. Funds allocated under this section shall be used to
provide part-day, school-day, or GSRP/head start blended
comprehensive
free compensatory classroom programs designed to do 1
or
both of the following:
(a)
Improve improve the readiness and subsequent achievement
of
educationally disadvantaged children as defined by the
department
who will be at least 4, but less than 5 years of age, as
of
December 1 of the school year in which the programs are offered,
and
who meet the participant
eligibility and prioritization
guidelines
as defined by the state board.department.
Beginning in
2013-2014, 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 the date specified for determining a child's
eligibility to attend school under section 1147 of the revised
school code, MCL 380.1147.
(b)
Provide preschool and parenting education programs similar
to
those under former section 32b as in effect for 2001-2002.
Beginning
in 2007-2008, funds spent for programs described in this
subdivision
shall not exceed the amount spent under this
subdivision
for the immediately preceding fiscal year. Funds spent
for
programs described in this subdivision shall be used for
services
to families with income below 300% of the federal poverty
level.
(2)
Funds allocated under this section subsection (1) shall be
allocated to intermediate districts or consortia of intermediate
districts based on the formula in section 39. An intermediate
district or consortium of intermediate districts receiving funding
under this section shall act as the fiduciary for the great start
readiness
programs. For 2012-2013, the fiduciary intermediate
districts
and consortia of intermediate districts shall allocate
the
funding under this section as follows:
(a)
An amount not to exceed $100,400,000.00 allocated to
intermediate
districts and consortia of intermediate districts as
directed
by the department based on the formula in section 39. In
order to be eligible to receive funds allocated under this
subdivision
subsection from an intermediate district or consortium
of
intermediate districts, a district, or 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.
(b)
An amount not to exceed $8,875,000.00 allocated in grants
to
competitive great start readiness programs as directed by the
department
based on the grant award process in section 32l. In order
to
be eligible to receive funds allocated under this section from
an
intermediate district or consortium of intermediate districts, a
competitive
great start readiness program shall comply with this
section
and section 32l.
(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 2012-2013 2013-
2014 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 . At a minimum, the process shall include all
other
funded preschool programs that may serve children in the same
geographic
area, 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.
(c) Nutritional services for all program participants
supported by federal, state, and local resources as applicable.
(d) Health and developmental screening services for all
program participants.
(e) Referral services for families of program participants to
community social service agencies, 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 multidistrict, multiagency, 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 the program components listed in this subsection and
make recommendations for changes to the great start readiness
program for which it is an advisory committee.
(i) The ongoing articulation of the kindergarten and first
grade programs offered by the program provider.
(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)
Ensure that more than 75% 100%
of the children
participating in an eligible great start readiness program for whom
the provider is receiving funds under this section are children who
live with families with a household income that is equal to or less
than 300% of the federal poverty level.
(c) Ensure that the applicant only uses qualified personnel
for this program, as follows:
(i) Teachers possessing proper training. For programs managed
directly by a district or intermediate district, a valid teaching
certificate and an early childhood (ZA or ZS) endorsement are
required.
This provision does not apply to a district, intermediate
district,
or competitive program that subcontracts with an eligible
child development program. In that situation, a teacher must have a
valid Michigan teaching certificate with an early childhood (ZA or
ZS) endorsement, a valid Michigan elementary teaching certificate
with a child development associate credential, or a bachelor's
degree in child development 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 development, 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 existing 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 2 children served by the
program for purposes of determining the number of children to be
served and for determining the amount of the grant award. A grant
award shall not be increased solely on the basis of providing a
school-day program.
(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.
(8) (7)
An intermediate district or
consortium of intermediate
districts receiving a grant under this section may provide services
directly or may contract with 1 or more districts or public or
private
for-profit or nonprofit preschool
center providers that
meet all requirements of subsection (4) and retain for
administrative
services an amount equal to not more than 5% 7% of
the
grant amount. An In
addition, an intermediate district , or
consortium
of intermediate districts , or competitive grant program
may
expend not more than 10% 2%
of the total grant amount for
administration
recruiting and public
awareness of the program.
(8)
Any public or private for-profit or nonprofit legal entity
or
agency may apply for a competitive grant under this section.
However,
a district or intermediate district may not apply for a
competitive
grant under this section unless the district,
intermediate
district, or consortium of districts or intermediate
districts
is acting as a local grantee for the federal head start
program
operating under the head start act, 42 USC 9831 to 9852.
(9) Each provider shall enroll children according to how far
the child's household income is below 300% 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
300% 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. Each provider shall retain 10%
of its funding under this section to enroll eligible children after
the start of the program.
(10) 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 20% of its
total slot allocation. If the intermediate district or consortium
is not able to contract for at least 20% of its total slot
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 20% of its total slot
allocation and was not able to do so, then the intermediate
district or consortium may retain and use all of its allocated
slots as provided under this section.
(11) (9)
A recipient of funds under this
section shall report
to the department in a form and manner prescribed by the department
the number of children participating in the program who meet the
income
or other eligibility criteria prescribed by the department
eligibility criteria under subsection (5)(b) and the total number
of children participating in the program. For children
participating
in the program who meet the income or other
eligibility criteria specified under subsection (5)(b), a recipient
shall also report whether or not a parent is available to provide
care based on employment status. For the purposes of this
subsection, "employment status" shall be defined by the department
of human services in a manner consistent with maximizing the amount
of spending that may be claimed for temporary assistance for needy
families maintenance of effort purposes.
(12) (10)
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.
(13) (11)
A grant recipient An
intermediate district or
consortium of intermediate districts receiving funds under this
section
is encouraged to shall establish a sliding scale of tuition
rates
based upon a child's family income for the purpose of
expanding
eligible programs under this section. household income
for children participating in an eligible great start readiness
program who live with families with a household income that is more
than 300% of the federal poverty level to be used by all of its
providers,
as approved by the department. A grant
recipient may
shall
charge tuition for programs provided
under this section
according to that sliding scale of tuition rates on a uniform basis
for
any child who does not meet the program income eligibility
requirements under this section.
(12)
The department shall develop a plan for a multiyear
phased-in
approach to transfer funding for great start readiness
programs
under this section into an early childhood block grant
program,
along with funding for great start collaboratives under
section
32b and funding for great parents, great start programs
under
section 32j. The early childhood block grant program will
allocate
funds to intermediate districts and consortia of
intermediate
districts to act as fiduciaries and provide
administration
of regional early childhood programs in conjunction
with
their regional great start collaborative to improve program
quality,
evaluation, and efficiency for early childhood programs.
The
department shall work with intermediate districts, districts,
great
start collaboratives, and the early childhood investment
corporation
to establish a revised funding formula, application
process,
program criteria, and data reporting requirements.
(14) From the amount allocated in subsection (1), an amount
not to exceed $100.00 is allocated to the Kalamazoo regional
education service agency for a pilot program to evaluate an
innovative local, prekindergarten system involving private
preschools, braided funding from both public and private sources
for the same classroom, quality development of preschools through
mentoring, and accountability using pretests and posttests. To
conduct this pilot program, the intermediate district shall
coordinate and contract with a private nonprofit entity for a
prekindergarten program that will include all of the following:
(a) Helping private providers meet quality standards through
training and mentoring.
(b) Providing common professional development offerings for
public and private teachers in the areas of curriculum
implementation, literacy, math, response to intervention, positive
behavior support, classroom management, and parent engagement
activities, and evaluating the effectiveness of this training.
(c) Offering on-site teacher mentors/coaches to assist
teachers in implementing research-based practices.
(d) Creating income-integrated "braided" classrooms that may
involve funding for various children in the same class from head
start, the great start readiness program, a locally funded
prekindergarten system providing tuition assistance to lower and
middle income families and supporting private providers in reaching
high-quality, and parent pay.
(e) Providing tuition assistance that enables families to
access high-quality private prekindergarten providers as well as
public prekindergarten providers.
(f) Supporting the continued development of an outreach plan
to connect with communities who serve the most vulnerable.
(g) Demonstrating how the system's results can be rigorously
evaluated by a pretest and posttest at prekindergarten entrance and
kindergarten entrance.
(15) State funds shall not be used for tuition assistance for
the pilot program under subsection (14) except for tuition
assistance for children with a household income below 300% of the
federal poverty line, up to the maximum amount that is allowed
under the great start readiness program.
(16) The department shall work with the Kalamazoo regional
education assistance agency to develop a report on the
effectiveness of the pilot program under subsection (14) and shall
submit the report not later than December 31, 2014 to the house and
senate standing committees on education, the house and senate
appropriations subcommittees on school aid, the Governor, and the
house and senate fiscal agencies. The report shall include a
determination of the effectiveness of integrating pupils living
with families with various levels of income in the same preschool
classroom compared to segregating pupils into classrooms based on
income or other identified risk factors and using pretests and
posttests to, in part, determine that effectiveness.
Sec. 32p. (1) From the school aid fund appropriation in
section 11, there is allocated an amount not to exceed
$10,900,000.00
to intermediate districts for 2012-2013 2013-2014
for the purpose of providing early childhood funding to
intermediate school districts in block grants, supporting the
activities under subsection (2), and providing early childhood
programs
for children from birth through age 8. The
Beginning in
2013-2014, the funding provided to each intermediate district under
this
section shall be equal to the sum of all funding allocated
under
former sections 32b and 32j, as those sections were in effect
for
2011-2012. 100% of the amount
allocated to the intermediate
district under this section for the immediately preceding fiscal
year. In order to receive funding under this section, each
intermediate district shall provide an application to the office of
great
start not later than August 15, 2012, September 15 of the
immediately preceding fiscal year indicating the activities planned
to
be provided. and children served under the block grant.
(2) Each intermediate district or consortium of intermediate
districts that receives funding under this section shall convene a
local
great start collaborative and a parent coalition. to address
the
availability of the following 6 components of a great start
system
in its communities: physical health, social-emotional
health,
family supports, basic needs, economic stability and
safety,
and parenting education and early education and care. The
goal
of a local each great start collaborative is and parent
coalition shall be to ensure the coordination and expansion of
local early childhood infrastructure and programs that allow every
child
in the community is ready for kindergarten. to achieve the
following outcomes:
(a) Children born healthy.
(b) Children healthy, thriving, and developmentally on track
from birth to third grade.
(c) Children developmentally ready to succeed in school at the
time of school entry.
(d) Children prepared to succeed in fourth grade and beyond by
reading proficiently by the end of third grade.
(3) Each local great start collaborative and parent coalition
shall convene a workgroup to serve as a school readiness advisory
committee
as required under section 32d and shall
ensure the
coordination
and expansion of infrastructure or programming to
support
high-quality early childhood and childcare programs. An
intermediate
district or consortium of intermediate districts may
reconstitute
its local great start collaborative if that
collaborative
is found to be ineffective.that
its local great start
system includes the following supports for children from birth
through age 8:
(a) Physical health.
(b) Social-emotional health.
(c) Family supports and basic needs.
(d) Parent education and child advocacy.
(e) Early education and care.
(4) (3)
Not later than December 1 ,
2013, of each year, each
intermediate district shall provide a report to the department
detailing
the activities actually provided during 2012-2013 the
immediately preceding school year and the families and children
actually served. The department shall compile and summarize these
reports and submit its summary to the house and senate
appropriations subcommittees on school aid and to the house and
senate fiscal agencies. The block grants allocated under this
section implement legislative intent language for this purpose
enacted in 2011 PA 62.
(5) (4)
An intermediate district or
consortium of intermediate
districts that receives funding under this section may carry over
any
unexpended funds received under this section for a fiscal year
into the next fiscal year and may expend those unused funds in the
next fiscal year. A recipient of a grant shall return any
unexpended grant funds to the department in the manner prescribed
by the department not later than September 30 of the next fiscal
year after the fiscal year in which the funds are received.
Sec. 32q. (1) From the general fund appropriation in section
11, there is allocated to the department for 2013-2014 an amount
not to exceed $100.00 for a grant to the communities in schools of
Michigan program. The purposes of the communities in schools of
Michigan program include all of the following:
(a) Improving the coordination, availability, delivery, and
effectiveness of integrated services and comprehensive supports for
pupils and families, including enhancing student learning outcomes
for pupils.
(b) Acting as a liaison with other organizations in order to
assist public schools in providing pupils and families the
integrated services and comprehensive supports needed to improve
the learning of pupils and their ability to plan for postsecondary
educational opportunities, such as health, employment,
mentor/tutor, and human services, enrichment and accelerated
learning opportunities, before- and after-school programs, and
recreation, and related assistance.
(c) Improving coordination between public schools and the
pupils and families they serve.
(2) From the grant under subsection (1), communities in
schools of Michigan shall award subgrants, on a competitive basis,
to 1 or more eligible entities to connect integrated services and
comprehensive supports to pupils and families in order to enhance
student learning and outcomes, by performing the following:
(a) Conducting an assessment of pupil and family needs in
schools.
(b) Assessing the availability and quality of learning
opportunities beyond the classroom, including service-learning
opportunities.
(c) Linking needed integrated services and comprehensive
supports to pupils, their families, and their public schools, and
evaluating the impact of such services and supports once the
services and supports are provided.
(d) Enhancing the social, emotional, intellectual, and
physical development of pupils.
(e) Providing training and support related to integrated
services and comprehensive supports for staff, teachers, and, as
appropriate, parent and community outreach coordinators in public
schools.
(3) As used in this section, "eligible entity" means a
nonprofit community-based organization that is operating in
partnership with a public school to implement an independently
evaluated model of integrated student services and comprehensive
supports that is proven to increase pupil achievement.
Sec. 39a. (1) From the federal funds appropriated in section
11,
there is allocated for 2012-2013 2013-2014 to districts,
intermediate districts, and other eligible entities all available
federal
funding, estimated at $812,328,500.00, $811,828,500.00, for
the federal programs under the no child left behind act of 2001,
Public Law 107-110. These funds are allocated as follows:
(a) An amount estimated at $10,808,600.00 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 $250,000.00 for the purpose of
improving
teaching and learning through a more effective use of
technology,
funded from DED-OESE, educational technology state
grant
funds.
(b) (c)
An amount estimated at
$111,111,900.00 for the purpose
of preparing, training, and recruiting high-quality teachers and
class size reduction, funded from DED-OESE, improving teacher
quality funds.
(c) (d)
An amount estimated at
$12,200,000.00 for programs to
teach English to limited English proficient (LEP) children, funded
from DED-OESE, language acquisition state grant funds.
(d) (e)
An amount estimated at
$10,286,500.00 for the Michigan
charter school subgrant program, funded from DED-OESE, charter
school funds.
(e) (f)
An amount estimated at
$2,393,500.00 for rural and low
income schools, funded from DED-OESE, rural and low income school
funds.
(f) (g)
An amount estimated at
$591,500,000.00 to provide
supplemental programs to enable educationally disadvantaged
children to meet challenging academic standards, funded from DED-
OESE, title I, disadvantaged children funds.
(h)
An amount estimated at $250,000.00 for the purpose of
providing
unified family literacy programs, funded from DED-OESE,
title
I, even start funds.
(g) (i)
An amount estimated at
$8,878,000.00 for the purpose
of identifying and serving migrant children, funded from DED-OESE,
title I, migrant education funds.
(h) (j)
An amount estimated at
$40,050,000.00 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.
(i) (k)
An amount estimated at
$24,600,000.00 to help support
local school improvement efforts, funded from DED-OESE, title I,
local school improvement grants.
(2) From the federal funds appropriated in section 11, there
is
allocated for 2012-2013 2013-2014
to districts, intermediate
districts, and other eligible entities all available federal
funding,
estimated at $33,514,100.00 $31,700,000.00
for the
following programs that are funded by federal grants:
(a) An amount estimated at $600,000.00 for acquired
immunodeficiency syndrome education grants, funded from HHS –
center for disease control, AIDS funding.
(b)
An amount estimated at $1,814,100.00 $2,600,000.00 to
provide services to homeless children and youth, funded from DED-
OVAE, homeless children and youth funds.
(c)
An amount estimated at $2,600,000.00 for serve America
grants,
funded from the corporation for national and community
service
funds.
(c) (d)
An amount estimated at
$28,500,000.00 for providing
career and technical education services to pupils, funded from DED-
OVAE, basic grants to states.
(3) To the extent allowed under federal law, the funds
allocated
under subsection (1)(g), (h), and (k) (1)(f) and (i) may
be used for 1 or more reading improvement programs that meet at
least 1 of the following:
(a) A research-based, validated, structured reading program
that aligns learning resources to state standards and includes
continuous assessment of pupils and individualized education plans
for pupils.
(b) A mentoring program that is a research-based, validated
program or a statewide 1-to-1 mentoring program and is designed to
enhance the independence and life quality of pupils who are
mentally impaired by providing opportunities for mentoring and
integrated employment.
(c) A cognitive development program that is a research-based,
validated educational service program focused on assessing and
building essential cognitive and perceptual learning abilities to
strengthen pupil concentration and learning.
(d) A structured mentoring-tutorial reading program for pupils
in preschool to grade 4 that is a research-based, validated program
that develops individualized educational plans based on each
pupil's age, assessed needs, reading level, interests, and learning
style.
(4) 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.
(5) 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.
(6) As used in this section:
(a) "DED" means the United States department of education.
(b) "DED-OESE" means the DED office of elementary and
secondary education.
(c) "DED-OVAE" means the DED office of vocational and adult
education.
(d) "HHS" means the United States department of health and
human services.
(e) "HHS-ACF" means the HHS administration for children and
families.
Sec. 51a. (1) From the appropriation in section 11, there is
allocated
for 2011-2012 2013-2014 an amount not to exceed
$956,769,100.00
and there is allocated an amount not to exceed
$996,269,100.00
for 2012-2013 $980,569,100.00
from state sources
and all available federal funding under sections 611 to 619 of part
B of the individuals with disabilities education act, 20 USC 1411
to
1419, estimated at $363,400,000.00 for 2011-2012 and estimated
at
$365,000,000.00 for 2012-2013, $370,000,000.00
for 2013-2014,
plus any carryover federal funds from previous year appropriations.
The allocations under this subsection are for the purpose of
reimbursing districts and intermediate districts for special
education programs, services, and special education personnel as
prescribed in article 3 of the revised school code, MCL 380.1701 to
380.1766; net tuition payments made by intermediate districts to
the Michigan schools for the deaf and blind; and special education
programs and services for pupils who are eligible for special
education programs and services according to statute or rule. For
meeting the costs of special education programs and services not
reimbursed under this article, a district or intermediate district
may use money in general funds or special education funds, not
otherwise restricted, or contributions from districts to
intermediate districts, tuition payments, gifts and contributions
from individuals or other entities, or federal funds that may be
available for this purpose, as determined by the intermediate
district plan prepared pursuant to article 3 of the revised school
code, MCL 380.1701 to 380.1766. All federal funds allocated under
this section in excess of those allocated under this section for
2002-2003 may be distributed in accordance with the flexible
funding provisions of the individuals with disabilities education
act, Public Law 108-446, including, but not limited to, 34 CFR
300.206 and 300.208. Notwithstanding section 17b, payments of
federal funds to districts, intermediate districts, and other
eligible entities under this section shall be paid on a schedule
determined by the department.
(2) From the funds allocated under subsection (1), there is
allocated
the amount necessary, estimated at $247,500,000.00 for
2011-2012
and estimated at $257,400,000.00 for 2012-2013,
$258,300,000.00 for 2013-2014, for payments toward reimbursing
districts and intermediate districts for 28.6138% of total approved
costs of special education, excluding costs reimbursed under
section 53a, and 70.4165% of total approved costs of special
education transportation. Allocations under this subsection shall
be made as follows:
(a) The initial amount allocated to a district under this
subsection toward fulfilling the specified percentages shall be
calculated by multiplying the district's special education pupil
membership, excluding pupils described in subsection (11), times
the foundation allowance under section 20 of the pupil's district
of residence, not to exceed the basic foundation allowance under
section 20 for the current fiscal year, or, for a special education
pupil in membership in a district that is a public school academy,
times an amount equal to the amount per membership pupil calculated
under section 20(6) or, for a pupil described in this subsection
who is counted in membership in the education achievement system,
times an amount equal to the amount per membership pupil under
section 20(7). For an intermediate district, the amount allocated
under this subdivision toward fulfilling the specified percentages
shall be an amount per special education membership pupil,
excluding pupils described in subsection (11), and shall be
calculated in the same manner as for a district, using the
foundation allowance under section 20 of the pupil's district of
residence, not to exceed the basic foundation allowance under
section 20 for the current fiscal year.
(b) After the allocations under subdivision (a), districts and
intermediate districts for which the payments calculated under
subdivision (a) do not fulfill the specified percentages shall be
paid the amount necessary to achieve the specified percentages for
the district or intermediate district.
(3) From the funds allocated under subsection (1), there is
allocated
each fiscal year for 2011-2012 and for 2012-2013 for
2013-2014 an amount not to exceed $1,000,000.00 to make payments to
districts and intermediate districts under this subsection. If the
amount allocated to a district or intermediate district for a
fiscal year under subsection (2)(b) is less than the sum of the
amounts allocated to the district or intermediate district for
1996-97 under sections 52 and 58, there is allocated to the
district or intermediate district for the fiscal year an amount
equal to that difference, adjusted by applying the same proration
factor that was used in the distribution of funds under section 52
in 1996-97 as adjusted to the district's or intermediate district's
necessary costs of special education used in calculations for the
fiscal year. This adjustment is to reflect reductions in special
education program operations or services between 1996-97 and
subsequent fiscal years. Adjustments for reductions in special
education program operations or services shall be made in a manner
determined by the department and shall include adjustments for
program or service shifts.
(4) If the department determines that the sum of the amounts
allocated for a fiscal year to a district or intermediate district
under subsection (2)(a) and (b) is not sufficient to fulfill the
specified percentages in subsection (2), then the shortfall shall
be paid to the district or intermediate district during the fiscal
year beginning on the October 1 following the determination and
payments under subsection (3) shall be adjusted as necessary. If
the department determines that the sum of the amounts allocated for
a fiscal year to a district or intermediate district under
subsection (2)(a) and (b) exceeds the sum of the amount necessary
to fulfill the specified percentages in subsection (2), then the
department shall deduct the amount of the excess from the
district's or intermediate district's payments under this article
for the fiscal year beginning on the October 1 following the
determination and payments under subsection (3) shall be adjusted
as necessary. However, if the amount allocated under subsection
(2)(a) in itself exceeds the amount necessary to fulfill the
specified percentages in subsection (2), there shall be no
deduction under this subsection.
(5) State funds shall be allocated on a total approved cost
basis. Federal funds shall be allocated under applicable federal
requirements, except that an amount not to exceed $3,500,000.00 may
be
allocated by the department each fiscal year for 2011-2012 and
for
2012-2013 for 2013-2014 to districts, intermediate districts,
or other eligible entities on a competitive grant basis for
programs, equipment, and services that the department determines to
be designed to benefit or improve special education on a statewide
scale.
(6) From the amount allocated in subsection (1), there is
allocated
an amount not to exceed $2,200,000.00 each fiscal year
for
2011-2012 and for 2012-2013 for
2013-2014 to reimburse 100% of
the net increase in necessary costs incurred by a district or
intermediate district in implementing the revisions in the
administrative rules for special education that became effective on
July 1, 1987. As used in this subsection, "net increase in
necessary costs" means the necessary additional costs incurred
solely because of new or revised requirements in the administrative
rules minus cost savings permitted in implementing the revised
rules. Net increase in necessary costs shall be determined in a
manner specified by the department.
(7) For purposes of sections 51a to 58, all of the following
apply:
(a) "Total approved costs of special education" shall be
determined in a manner specified by the department and may include
indirect costs, but shall not exceed 115% of approved direct costs
for section 52 and section 53a programs. The total approved costs
include salary and other compensation for all approved special
education personnel for the program, including payments for social
security and medicare and public school employee retirement system
contributions. The total approved costs do not include salaries or
other compensation paid to administrative personnel who are not
special education personnel as defined in section 6 of the revised
school code, MCL 380.6. Costs reimbursed by federal funds, other
than those federal funds included in the allocation made under this
article, are not included. Special education approved personnel not
utilized full time in the evaluation of students or in the delivery
of special education programs, ancillary, and other related
services shall be reimbursed under this section only for that
portion of time actually spent providing these programs and
services, with the exception of special education programs and
services provided to youth placed in child caring institutions or
juvenile detention programs approved by the department to provide
an on-grounds education program.
(b) Beginning with the 2004-2005 fiscal year, a district or
intermediate district that employed special education support
services staff to provide special education support services in
2003-2004 or in a subsequent fiscal year and that in a fiscal year
after 2003-2004 receives the same type of support services from
another district or intermediate district shall report the cost of
those support services for special education reimbursement purposes
under this article. This subdivision does not prohibit the transfer
of special education classroom teachers and special education
classroom aides if the pupils counted in membership associated with
those special education classroom teachers and special education
classroom aides are transferred and counted in membership in the
other district or intermediate district in conjunction with the
transfer of those teachers and aides.
(c) If the department determines before bookclosing for a
fiscal year that the amounts allocated for that fiscal year under
subsections (2), (3), (6), and (11) and sections 53a, 54, and 56
will exceed expenditures for that fiscal year under subsections
(2), (3), (6), and (11) and sections 53a, 54, and 56, then for a
district or intermediate district whose reimbursement for that
fiscal year would otherwise be affected by subdivision (b),
subdivision (b) does not apply to the calculation of the
reimbursement for that district or intermediate district and
reimbursement for that district or intermediate district shall be
calculated in the same manner as it was for 2003-2004. If the
amount of the excess allocations under subsections (2), (3), (6),
and (11) and sections 53a, 54, and 56 is not sufficient to fully
fund the calculation of reimbursement to those districts and
intermediate districts under this subdivision, then the
calculations and resulting reimbursement under this subdivision
shall be prorated on an equal percentage basis. This reimbursement
shall not be made after 2014-2015.
(d) Reimbursement for ancillary and other related services, as
defined by R 340.1701c of the Michigan administrative code, shall
not be provided when those services are covered by and available
through private group health insurance carriers or federal
reimbursed program sources unless the department and district or
intermediate district agree otherwise and that agreement is
approved by the state budget director. Expenses, other than the
incidental expense of filing, shall not be borne by the parent. In
addition, the filing of claims shall not delay the education of a
pupil. A district or intermediate district shall be responsible for
payment of a deductible amount and for an advance payment required
until the time a claim is paid.
(e) Beginning with calculations for 2004-2005, if an
intermediate district purchases a special education pupil
transportation service from a constituent district that was
previously purchased from a private entity; if the purchase from
the constituent district is at a lower cost, adjusted for changes
in fuel costs; and if the cost shift from the intermediate district
to the constituent does not result in any net change in the revenue
the constituent district receives from payments under sections 22b
and 51c, then upon application by the intermediate district, the
department shall direct the intermediate district to continue to
report the cost associated with the specific identified special
education pupil transportation service and shall adjust the costs
reported by the constituent district to remove the cost associated
with that specific service.
(8) A pupil who is enrolled in a full-time special education
program conducted or administered by an intermediate district or a
pupil who is enrolled in the Michigan schools for the deaf and
blind shall not be included in the membership count of a district,
but shall be counted in membership in the intermediate district of
residence.
(9) Special education personnel transferred from 1 district to
another to implement the revised school code shall be entitled to
the rights, benefits, and tenure to which the person would
otherwise be entitled had that person been employed by the
receiving district originally.
(10) If a district or intermediate district uses money
received under this section for a purpose other than the purpose or
purposes for which the money is allocated, the department may
require the district or intermediate district to refund the amount
of money received. Money that is refunded shall be deposited in the
state treasury to the credit of the state school aid fund.
(11) From the funds allocated in subsection (1), there is
allocated
the amount necessary, estimated at $5,300,000.00 for
2011-2012
and estimated at $5,600,000.00 for 2012-2013,
$4,500,000.00 for 2013-2014, to pay the foundation allowances for
pupils described in this subsection. The allocation to a district
under this subsection shall be calculated by multiplying the number
of pupils described in this subsection who are counted in
membership in the district times the foundation allowance under
section 20 of the pupil's district of residence, not to exceed the
basic foundation allowance under section 20 for the current fiscal
year, or, for a pupil described in this subsection who is counted
in membership in a district that is a public school academy, times
an amount equal to the amount per membership pupil under section
20(6) or, for a pupil described in this subsection who is counted
in membership in the education achievement system, times an amount
equal to the amount per membership pupil under section 20(7). The
allocation to an intermediate district under this subsection shall
be calculated in the same manner as for a district, using the
foundation allowance under section 20 of the pupil's district of
residence, not to exceed the basic foundation allowance under
section 20 for the current fiscal year. This subsection applies to
all of the following pupils:
(a) Pupils described in section 53a.
(b) Pupils counted in membership in an intermediate district
who are not special education pupils and are served by the
intermediate district in a juvenile detention or child caring
facility.
(c) Pupils with an emotional impairment counted in membership
by an intermediate district and provided educational services by
the department of community health.
(12) If it is determined that funds allocated under subsection
(2) or (11) or under section 51c will not be expended, funds up to
the amount necessary and available may be used to supplement the
allocations under subsection (2) or (11) or under section 51c in
order to fully fund those allocations. After payments under
subsections (2) and (11) and section 51c, the remaining
expenditures from the allocation in subsection (1) shall be made in
the following order:
(a) 100% of the reimbursement required under section 53a.
(b) 100% of the reimbursement required under subsection (6).
(c) 100% of the payment required under section 54.
(d) 100% of the payment required under subsection (3).
(e) 100% of the payments under section 56.
(13) The allocations under subsections (2), (3), and (11)
shall be allocations to intermediate districts only and shall not
be allocations to districts, but instead shall be calculations used
only to determine the state payments under section 22b.
(14) If a public school academy enrolls pursuant to this
section a pupil who resides outside of the intermediate district in
which the public school academy is located and who is eligible for
special education programs and services according to statute or
rule, or who is a child with disabilities, as defined under the
individuals with disabilities education act, Public Law 108-446,
the provision of special education programs and services and the
payment of the added costs of special education programs and
services for the pupil are the responsibility of the district and
intermediate district in which the pupil resides unless the
enrolling district or intermediate district has a written agreement
with the district or intermediate district in which the pupil
resides or the public school academy for the purpose of providing
the pupil with a free appropriate public education and the written
agreement includes at least an agreement on the responsibility for
the payment of the added costs of special education programs and
services for the pupil.
Sec. 51b. A district or intermediate district shall not
receive
funds under this article section
51a unless the district or
intermediate district complies with rules promulgated under article
3 of the revised school code, being sections 380.1701 to 380.1766
of the Michigan Compiled Laws.
Sec. 51c. As required by the court in the consolidated cases
known as Durant v State of Michigan, Michigan supreme court docket
no. 104458-104492, from the allocation under section 51a(1), there
is
allocated each fiscal year for 2011-2012 and for 2012-2013 for
2013-2014
the amount necessary, estimated at $648,700,000.00
for
2011-2012
and estimated at $678,000,000.00 for 2012-2013,
$662,500,000.00, for payments to reimburse districts for 28.6138%
of total approved costs of special education excluding costs
reimbursed under section 53a, and 70.4165% of total approved costs
of special education transportation. Funds allocated under this
section that are not expended in the state fiscal year for which
they were allocated, as determined by the department, may be used
to supplement the allocations under sections 22a and 22b in order
to fully fund those calculated allocations for the same fiscal
year.
Sec. 51d. (1) From the federal funds appropriated in section
11,
there is allocated for each fiscal year 2011-2012 and for 2012-
2013
2013-2014 all available federal funding, estimated at
$74,000,000.00, each
fiscal year, for special education programs
that are funded by federal grants. All federal funds allocated
under this section shall be distributed in accordance with federal
law. Notwithstanding section 17b, payments of federal funds to
districts, intermediate districts, and other eligible entities
under this section shall be paid on a schedule determined by the
department.
(2) From the federal funds allocated under subsection (1), the
following
amounts are allocated each fiscal year for 2011-2012 and
for
2012-2013:for 2013-2014:
(a) An amount estimated at $15,000,000.00 for handicapped
infants and toddlers, funded from DED-OSERS, handicapped infants
and toddlers funds.
(b) An amount estimated at $14,000,000.00 for preschool grants
(Public Law 94-142), funded from DED-OSERS, handicapped preschool
incentive funds.
(c) An amount estimated at $45,000,000.00 for special
education programs funded by DED-OSERS, handicapped program,
individuals with disabilities act funds.
(3) As used in this section, "DED-OSERS" means the United
States department of education office of special education and
rehabilitative services.
Sec. 53a. (1) For districts, reimbursement for pupils
described in subsection (2) shall be 100% of the total approved
costs of operating special education programs and services approved
by the department and included in the intermediate district plan
adopted pursuant to article 3 of the revised school code, MCL
380.1701 to 380.1766, minus the district's foundation allowance
calculated under section 20. For intermediate districts,
reimbursement for pupils described in subsection (2) shall be
calculated in the same manner as for a district, using the
foundation allowance under section 20 of the pupil's district of
residence, not to exceed the basic foundation allowance under
section 20 for the current fiscal year.
(2) Reimbursement under subsection (1) is for the following
special education pupils:
(a) Pupils assigned to a district or intermediate district
through the community placement program of the courts or a state
agency, if the pupil was a resident of another intermediate
district at the time the pupil came under the jurisdiction of the
court or a state agency.
(b) Pupils who are residents of institutions operated by the
department of community health.
(c) Pupils who are former residents of department of community
health institutions for the developmentally disabled who are placed
in community settings other than the pupil's home.
(d) Pupils enrolled in a department-approved on-grounds
educational program longer than 180 days, but not longer than 233
days, at a residential child care institution, if the child care
institution offered in 1991-92 an on-grounds educational program
longer than 180 days but not longer than 233 days.
(e) Pupils placed in a district by a parent for the purpose of
seeking a suitable home, if the parent does not reside in the same
intermediate district as the district in which the pupil is placed.
(3) Only those costs that are clearly and directly
attributable to educational programs for pupils described in
subsection (2), and that would not have been incurred if the pupils
were not being educated in a district or intermediate district, are
reimbursable under this section.
(4) The costs of transportation shall be funded under this
section and shall not be reimbursed under section 58.
(5)
Not more than $13,500,000.00 of the allocation for 2011-
2012
and for 2012-2013 2013-2014 in section 51a(1) shall be
allocated
for each fiscal year under this section.
Sec. 54. Each intermediate district shall receive an amount
per pupil for each pupil in attendance at the Michigan schools for
the deaf and blind. The amount shall be proportionate to the total
instructional cost at each school. Not more than $1,688,000.00 of
the
allocation for 2012-2013 2013-2014
in section 51a(1) shall be
allocated under this section.
Sec. 56. (1) For the purposes of this section:
(a) "Membership" means for a particular fiscal year the total
membership for the immediately preceding fiscal year of the
intermediate district and the districts constituent to the
intermediate district.
(b) "Millage levied" means the millage levied for special
education pursuant to part 30 of the revised school code, MCL
380.1711 to 380.1743, including a levy for debt service
obligations.
(c) "Taxable value" means the total taxable value of the
districts constituent to an intermediate district, except that if a
district has elected not to come under part 30 of the revised
school code, MCL 380.1711 to 380.1743, membership and taxable value
of the district shall not be included in the membership and taxable
value of the intermediate district.
(2) From the allocation under section 51a(1), there is
allocated
an amount not to exceed $36,881,100.00 for 2012-2013
$37,758,100.00 for 2013-2014 to reimburse intermediate districts
levying millages for special education pursuant to part 30 of the
revised school code, MCL 380.1711 to 380.1743. The purpose, use,
and expenditure of the reimbursement shall be limited as if the
funds were generated by these millages and governed by the
intermediate district plan adopted pursuant to article 3 of the
revised school code, MCL 380.1701 to 380.1766. As a condition of
receiving funds under this section, an intermediate district
distributing any portion of special education millage funds to its
constituent districts shall submit for departmental approval and
implement a distribution plan.
(3)
Reimbursement for those millages levied in 2010-2011 2012-
2013
shall be made in 2011-2012 2013-2014 at an amount per 2010-
2011
2012-2013 membership pupil computed by subtracting from
$174,700.00
$169,900.00 the 2010-2011 2012-2013 taxable value
behind each membership pupil and multiplying the resulting
difference
by the 2010-2011-2012-2013 millage levied.
(4)
For 2012-2013 only, reimbursement to each intermediate
district
shall be equal to its reimbursement under this section for
2011-2012.
(4) The amount paid to a single intermediate district under
this section shall not exceed 62.9% of the total amount allocated
under subsection (2).
(5) The amount paid to a single intermediate district under
this section shall not be less than 75% of the amount allocated to
the intermediate district under this section for the immediately
preceding fiscal year.
Sec. 61a. (1) From the appropriation in section 11, there is
allocated
an amount not to exceed $26,611,300.00 for 2012-2013
2013-2014 to reimburse on an added cost basis districts, except for
a district that served as the fiscal agent for a vocational
education consortium in the 1993-94 school year, and secondary area
vocational-technical education centers for secondary-level career
and technical education programs according to rules approved by the
superintendent. Applications for participation in the programs
shall be submitted in the form prescribed by the department. The
department shall determine the added cost for each career and
technical education program area. The allocation of added cost
funds shall be based on the type of career and technical education
programs provided, the number of pupils enrolled, and the length of
the training period provided, and shall not exceed 75% of the added
cost of any program. With the approval of the department, the board
of a district maintaining a secondary career and technical
education program may offer the program for the period from the
close of the school year until September 1. The program shall use
existing facilities and shall be operated as prescribed by rules
promulgated by the superintendent.
(2) Except for a district that served as the fiscal agent for
a vocational education consortium in the 1993-94 school year,
districts and intermediate districts shall be reimbursed for local
career and technical education administration, shared time career
and technical education administration, and career education
planning district career and technical education administration.
The definition of what constitutes administration and reimbursement
shall be pursuant to guidelines adopted by the superintendent. Not
more than $800,000.00 of the allocation in subsection (1) shall be
distributed under this subsection.
Sec. 62. (1) For the purposes of this section:
(a) "Membership" means for a particular fiscal year the total
membership for the immediately preceding fiscal year of the
intermediate district and the districts constituent to the
intermediate district or the total membership for the immediately
preceding fiscal year of the area vocational-technical program.
(b) "Millage levied" means the millage levied for area
vocational-technical education pursuant to sections 681 to 690 of
the revised school code, MCL 380.681 to 380.690, including a levy
for debt service obligations incurred as the result of borrowing
for capital outlay projects and in meeting capital projects fund
requirements of area vocational-technical education.
(c) "Taxable value" means the total taxable value of the
districts constituent to an intermediate district or area
vocational-technical education program, except that if a district
has elected not to come under sections 681 to 690 of the revised
school code, MCL 380.681 to 380.690, the membership and taxable
value of that district shall not be included in the membership and
taxable value of the intermediate district. However, the membership
and taxable value of a district that has elected not to come under
sections 681 to 690 of the revised school code, MCL 380.681 to
380.690, shall be included in the membership and taxable value of
the intermediate district if the district meets both of the
following:
(i) The district operates the area vocational-technical
education program pursuant to a contract with the intermediate
district.
(ii) The district contributes an annual amount to the operation
of the program that is commensurate with the revenue that would
have been raised for operation of the program if millage were
levied in the district for the program under sections 681 to 690 of
the revised school code, MCL 380.681 to 380.690.
(2) From the appropriation in section 11, there is allocated
an
amount not to exceed $9,000,000.00 for 2012-2013 $9,190,000.00
for 2013-2014 to reimburse intermediate districts and area
vocational-technical education programs established under section
690(3) of the revised school code, MCL 380.690, levying millages
for area vocational-technical education pursuant to sections 681 to
690 of the revised school code, MCL 380.681 to 380.690. The
purpose, use, and expenditure of the reimbursement shall be limited
as if the funds were generated by those millages.
(3)
Reimbursement for the millages levied in 2010-2011 2012-
2013
shall be made in 2011-2012 2013-2014 at an amount per 2010-
2011
2012-2013 membership pupil computed by subtracting from
$190,400.00
$186,500.00 the 2010-2011 2012-2013 taxable value
behind each membership pupil and multiplying the resulting
difference
by the 2010-2011 2012-2013
millage levied.
(4)
For 2012-2013 only, reimbursements to each intermediate
district
shall be equal to its reimbursement under this section for
2011-2012.
(4) The amount paid to a single intermediate district under
this section shall not exceed 38.4% of the total amount allocated
under subsection (2).
(5) The amount paid to a single intermediate district under
this section shall not be less than 75% of the amount allocated to
the intermediate district under this section for the immediately
preceding fiscal year.
Sec. 74. (1) From the amount appropriated in section 11, there
is
allocated an amount not to exceed $3,259,900.00 for 2012-2013
$3,299,000.00 for 2013-2014 for the purposes of this section.
(2) From the allocation in subsection (1), there is allocated
for each fiscal year the amount necessary for payments to state
supported colleges or universities and intermediate districts
providing school bus driver safety instruction pursuant to section
51 of the pupil transportation act, 1990 PA 187, MCL 257.1851. The
payments shall be in an amount determined by the department not to
exceed 75% of the actual cost of instruction and driver
compensation for each public or nonpublic school bus driver
attending a course of instruction. For the purpose of computing
compensation, the hourly rate allowed each school bus driver shall
not exceed the hourly rate received for driving a school bus.
Reimbursement compensating the driver during the course of
instruction shall be made by the department to the college or
university or intermediate district providing the course of
instruction.
(3) From the allocation in subsection (1), there is allocated
each fiscal year the amount necessary to pay the reasonable costs
of nonspecial education auxiliary services transportation provided
pursuant to section 1323 of the revised school code, MCL 380.1323.
Districts funded under this subsection shall not receive funding
under any other section of this article for nonspecial education
auxiliary services transportation.
(4) From the funds allocated in subsection (1), there is
allocated
an amount not to exceed $1,634,900.00 for 2012-2013
$1,674,000.00 for 2013-2014 for reimbursement to districts and
intermediate districts for costs associated with the inspection of
school buses and pupil transportation vehicles by the department of
state police as required under section 715a of the Michigan vehicle
code, 1949 PA 300, MCL 257.715a, and section 39 of the pupil
transportation act, 1990 PA 187, MCL 257.1839. The department of
state police shall prepare a statement of costs attributable to
each district for which bus inspections are provided and submit it
to the department and to an intermediate district serving as
fiduciary in a time and manner determined jointly by the department
and the department of state police. Upon review and approval of the
statement of cost, the department shall forward to the designated
intermediate district serving as fiduciary the amount of the
reimbursement on behalf of each district and intermediate district
for costs detailed on the statement within 45 days after receipt of
the statement. The designated intermediate district shall make
payment in the amount specified on the statement to the department
of state police within 45 days after receipt of the statement. The
total reimbursement of costs under this subsection shall not exceed
the amount allocated under this subsection. Notwithstanding section
17b, payments to eligible entities under this subsection shall be
paid on a schedule prescribed by the department.
Sec. 81. (1) Except as otherwise provided in this section,
from
the appropriation in section 11, there is allocated for 2012-
2013
2013-2014 to the intermediate districts the sum necessary, but
not
to exceed $64,108,000.00, $64,115,100.00,
to provide state aid
to intermediate districts under this section.
(2) From the allocation in subsection (1), there is allocated
an
amount not to exceed $62,108,000.00 $64,108,000.00 for
allocations
to each intermediate district for 2012-2013 2013-2014
in
an amount equal to 100% 103.2%
of the amount allocated to the
intermediate
district under this subsection for 2011-2012. the
immediately preceding fiscal year. Funding provided under this
section shall be used to comply with requirements of this article
and the revised school code that are applicable to intermediate
districts, and for which funding is not provided elsewhere in this
article, and to provide technical assistance to districts as
authorized by the intermediate school board.
(3) Intermediate districts receiving funds under subsection
(2) shall collaborate with the department to develop expanded
professional development opportunities for teachers to update and
expand their knowledge and skills needed to support the Michigan
merit curriculum.
(4) From the allocation in subsection (1), there is allocated
to an intermediate district, formed by the consolidation or
annexation of 2 or more intermediate districts or the attachment of
a total intermediate district to another intermediate school
district or the annexation of all of the constituent K-12 districts
of a previously existing intermediate school district which has
disorganized, an additional allotment of $3,500.00 each fiscal year
for each intermediate district included in the new intermediate
district for 3 years following consolidation, annexation, or
attachment. From the allocation in subsection (1), there is
allocated $7,000.00 for purposes of this subsection for 2013-2014
and 2014-2015, after which the payment under this subsection will
cease.
(5)
During a fiscal year, the department shall not increase an
intermediate
district's allocation under subsection (1) because of
an
adjustment made by the department during the fiscal year in the
intermediate
district's taxable value for a prior year. Instead,
the
department shall report the adjustment and the estimated amount
of
the increase to the house and senate fiscal agencies and the
state
budget director not later than June 1 of the fiscal year, and
the
legislature shall appropriate money for the adjustment in the
next
succeeding fiscal year.
(5) (6)
In order to receive funding under
subsection (2), an
intermediate district shall do all of the following:
(a) Demonstrate to the satisfaction of the department that the
intermediate district employs at least 1 person who is trained in
pupil accounting and auditing procedures, rules, and regulations.
(b) Demonstrate to the satisfaction of the department that the
intermediate district employs at least 1 person who is trained in
rules, regulations, and district reporting procedures for the
individual-level student data that serves as the basis for the
calculation of the district and high school graduation and dropout
rates.
(c) Comply with sections 1278a and 1278b of the revised school
code, MCL 380.1278a and 380.1278b.
(d) Furnish data and other information required by state and
federal law to the center and the department in the form and manner
specified by the center or the department, as applicable.
(e) Comply with section 1230g of the revised school code, MCL
380.1230g.
(f) Comply with section 761 of the revised school code, MCL
380.761.
(7)
From the allocation in subsection (1), there is allocated
an
amount not to exceed $2,000,000.00 for 2012-2013 for an
incentive
payment to each intermediate district that meets best
practices
as determined by the department under this subsection.
The
amount of the incentive payment is an amount equal to 3.2% of
the
amount allocated to the intermediate district under subsection
(2).
An intermediate district is eligible for an incentive payment
under
this subsection if the intermediate district satisfies at
least
4 of the following requirements not later than June 1, 2013:
(a)
The intermediate district enters into an agreement with
the
department to do all of the following:
(i) Develop a service consolidation plan in 2012-2013
to reduce
operating
costs that is in compliance with guidelines that were
developed
by the department for former section 11d as that section
was
in effect for 2010-2011.
(ii) Implement the service consolidation plan in
2013-2014 and
report
to the department not later than February 1, 2014 on the
intermediate
district's progress in implementing the service
consolidation
plan.
(b)
The intermediate district has obtained competitive bids on
the
provision of 1 or more noninstructional services for the
intermediate
district or its constituent districts with a value of
at
least $50,000.00.
(c)
The intermediate district develops a technology plan in
accordance
with department policy on behalf of all constituent
districts
within the intermediate district that integrates
technology
into the classroom and prepares teachers to use digital
technologies
as part of the instructional program of each of its
constituent
districts.
(d)
The intermediate district provides to parents and
community
members a dashboard or report card demonstrating the
intermediate
district's efforts to manage its finances responsibly.
The
dashboard or report card shall include at least all of the
following
for the 3 most recent school years for which the data are
available:
(i) A list of services offered by the intermediate
district
that
are shared by other local or intermediate districts and a list
of
the districts or intermediate districts that participate.
(ii) The total cost savings to local or other
intermediate
districts
that share services with the intermediate district.
(iii) The number and percentage of teachers in the
intermediate
district
service area that are trained to integrate technology into
the
classroom.
(iv) The total funds received from levying special
education
and
vocational education millages, and the number of special
education
and vocational education pupils served with those
dollars.
(v) The number and percentage of individualized
education
programs
developed for special education pupils that contain
academic
goals.
(e)
The intermediate district works in a consortium with 1 or
more
other intermediate districts to develop information management
system
requirements and bid specifications that can be used as
statewide
models. At a minimum, these specifications shall address
pupil
management systems for both general and special education,
learning
management tools, and business services.
Sec. 94a. (1) There is created within the state budget office
in the department of technology, management, and budget the center
for educational performance and information. The center shall do
all of the following:
(a) Coordinate the collection of all data required by state
and federal law from districts, intermediate districts, and
postsecondary institutions.
(b) Create, maintain, and enhance this state's P-20
longitudinal data system and ensure that it meets the requirements
of subsection (4).
(c) Collect data in the most efficient manner possible in
order to reduce the administrative burden on reporting entities,
including, but not limited to, electronic transcript services.
(d) Create, maintain, and enhance this state's web-based
educational portal to provide information to school leaders,
teachers, researchers, and the public in compliance with all
federal and state privacy laws. Data shall include, but are not
limited to, all of the following:
(i) Data sets that link teachers to student information,
allowing districts to assess individual teacher impact on student
performance and consider student growth factors in teacher and
principal evaluation systems.
(ii) Data access or, if practical, data sets, provided for
regional data warehouses that, in combination with local data, can
improve teaching and learning in the classroom.
(iii) Research-ready data sets for researchers to perform
research that advances this state's educational performance.
(e) Provide data in a useful manner to allow state and local
policymakers to make informed policy decisions.
(f) Provide public reports to the citizens of this state to
allow them to assess allocation of resources and the return on
their investment in the education system of this state.
(g) Other functions as assigned by the state budget director.
(2) Each state department, officer, or agency that collects
information from districts, intermediate districts, or
postsecondary institutions as required under state or federal law
shall make arrangements with the center to ensure that the state
department, officer, or agency is in compliance with subsection
(1). This subsection does not apply to information collected by the
department of treasury under the uniform budgeting and accounting
act, 1968 PA 2, MCL 141.421 to 141.440a; the revised municipal
finance act, 2001 PA 34, MCL 141.2101 to 141.2821; the school bond
qualification, approval, and loan act, 2005 PA 92, MCL 388.1921 to
388.1939; or section 1351a of the revised school code, MCL
380.1351a.
(3) The center may enter into any interlocal agreements
necessary to fulfill its functions.
(4) The center shall ensure that the P-20 longitudinal data
system required under subsection (1)(b) meets all of the following:
(a) Includes data at the individual student level from
preschool through postsecondary education and into the workforce.
(b) Supports interoperability by using standard data
structures, data formats, and data definitions to ensure linkage
and connectivity in a manner that facilitates the exchange of data
among agencies and institutions within the state and between
states.
(c) Enables the matching of individual teacher and student
records so that an individual student may be matched with those
teachers providing instruction to that student.
(d) Enables the matching of individual teachers with
information about their certification and the institutions that
prepared and recommended those teachers for state certification.
(e) Enables data to be easily generated for continuous
improvement and decision-making, including timely reporting to
parents, teachers, and school leaders on student achievement.
(f) Ensures the reasonable quality, validity, and reliability
of data contained in the system.
(g) Provides this state with the ability to meet federal and
state reporting requirements.
(h) For data elements related to preschool through grade 12
and postsecondary, meets all of the following:
(i) Contains a unique statewide student identifier that does
not permit a student to be individually identified by users of the
system, except as allowed by federal and state law.
(ii) Contains student-level enrollment, demographic, and
program participation information.
(iii) Contains student-level information about the points at
which students exit, transfer in, transfer out, drop out, or
complete education programs.
(iv) Has the capacity to communicate with higher education data
systems.
(i) For data elements related to preschool through grade 12
only, meets all of the following:
(i) Contains yearly test records of individual students for
assessments approved by DED-OESE for accountability purposes under
section 1111(b) of the elementary and secondary education act of
1965, 20 USC 6311, including information on individual students not
tested, by grade and subject.
(ii) Contains student-level transcript information, including
information on courses completed and grades earned.
(iii) Contains student-level college readiness test scores.
(j) For data elements related to postsecondary education only:
(i) Contains data that provide information regarding the extent
to which individual students transition successfully from secondary
school to postsecondary education, including, but not limited to,
all of the following:
(A) Enrollment in remedial coursework.
(B) Completion of 1 year's worth of college credit applicable
to a degree within 2 years of enrollment.
(ii) Contains data that provide other information determined
necessary to address alignment and adequate preparation for success
in postsecondary education.
(5) From the general fund appropriation in section 11, there
is
allocated an amount not to exceed $9,218,400.00 for 2012-2013
$9,435,100.00 for 2013-2014 to the department of technology,
management, and budget to support the operations of the center. In
addition, from the federal funds appropriated in section 11 there
is
allocated for 2012-2013 2013-2014
the amount necessary,
estimated
at $193,500.00, for 2012-2013, to support the operations
of the center and to establish a P-20 longitudinal data system as
provided under this section in compliance with the assurance
provided to the United States department of education in order to
receive state fiscal stabilization funds. The center shall
cooperate with the department to ensure that this state is in
compliance with federal law and is maximizing opportunities for
increased federal funding to improve education in this state.
(6) From the funds allocated in subsection (5), there is
allocated
for 2012-2013 2013-2014 an amount not to exceed
$850,000.00 for competitive grants to support collaborative efforts
on the P-20 longitudinal data system. All of the following apply to
grants awarded under this subsection:
(a) The center shall award competitive grants to eligible
intermediate districts or a consortium of intermediate districts
based on criteria established by the center.
(b) Activities funded under the grant shall support the P-20
longitudinal data system portal and may include portal hosting,
hardware and software acquisition, maintenance, enhancements, user
support and related materials, and professional learning tools and
activities aimed at improving the utility of the P-20 longitudinal
data system.
(c) An applicant that received a grant under this subsection
for the immediately preceding fiscal year shall receive priority
for funding under this section. However, after 3 fiscal years of
continuous funding, an applicant is required to compete openly with
new applicants.
(7) Funds allocated under this section that are not expended
in the fiscal year in which they were allocated may be carried
forward to a subsequent fiscal year and are appropriated for the
purposes for which the funds were originally allocated.
(8) The center may bill departments as necessary in order to
fulfill reporting requirements of state and federal law. The center
may also enter into agreements to supply custom data, analysis, and
reporting to other principal executive departments, state agencies,
local units of government, and other individuals and organizations.
The center may receive and expend funds in addition to those
authorized in subsection (5) to cover the costs associated with
salaries, benefits, supplies, materials, and equipment necessary to
provide such data, analysis, and reporting services.
(9) As used in this section:
(a) "DED-OESE" means the United States department of education
office of elementary and secondary education.
(b) "State education agency" means the department.
Sec. 95. (1) From the funds appropriated in section 11, there
is
allocated an amount not to exceed $1,750,000.00 for 2012-2013
$500,000.00 for 2013-2014 for grants to districts to support
professional development for principals and assistant principals in
a department-approved training program for implementing educator
evaluations as required under section 1249 of the revised school
code, MCL 380.1249.
(2)
For 2012-2013, all districts may apply for funding under
this
section by a date determined by the department. Beginning in
2013-2014,
in In a form and manner determined by the department,
priority will be given to districts that have new building
administrators who have not previously received training in
programs funded under this section.
(3) The department shall approve training programs for the
purpose of this section. The department shall approve all training
programs
recommended by the governor's council on educator
effectiveness and may approve other training programs that meet
department criteria. At a minimum, these other programs shall meet
all of the following criteria:
(a) Contain instructional content on methods of evaluating
teachers consistently across multiple grades and subjects.
(b) Include training on evaluation observation that is focused
on reliability and bias awareness and that instills skills needed
for consistent, evidence-based observations.
(c) Incorporate the use of videos of actual lessons for
applying rubrics and consistent scoring.
(d)
Align with recommendations of the governor's council on
educator effectiveness.
(e) Provide ongoing support to maintain inter-rater
reliability. As used in this subdivision, "inter-rater reliability"
means a consistency of measurement from different evaluators
independently applying the same evaluation criteria to the same
classroom observation.
(4) The department shall award grants to eligible districts in
an amount determined by the department, but not to exceed $350.00
per participant.
(5) A district receiving funds under this section shall use
the funds only for department-approved training programs under this
section.
Sec. 98. (1) From the general fund money appropriated in
Senate Bill No. 182 as amended April 24, 2013
section 11, there is allocated an amount not to exceed
$4,387,500.00
for 2012-2013 <<$4,387,900.00>> for 2013-2014 for the
purposes described in this section.
(2)
The Michigan virtual university shall establish the center
for
online learning research and innovation. The center for online
learning
research and innovation operate
the Michigan virtual
learning research institute. The Michigan virtual learning research
institute shall do all of the following:
(a) Support and accelerate innovation in education through the
following activities:
(i) Test, evaluate, and recommend as appropriate new
technology-based instructional tools and resources.
(ii) Research, design, and recommend online and
blended digital
education delivery models for use by pupils and teachers that
include age-appropriate multimedia instructional content.
(iii) Research, design, and recommend competency-based online
assessments.
(iv) Research, develop, and recommend annually to the
department criteria by which cyber schools and online course
providers should be monitored and evaluated to ensure a quality
education for their pupils.
(v) Based on pupil completion and performance data reported to
the department or the center for educational performance and
information from cyber schools and other online course providers
operating in this state, analyze the effectiveness of online
learning delivery models in preparing pupils to be college- and
career-ready and publish a report that highlights enrollment
totals, completion rates, and the overall impact on pupils. The
report shall be submitted to the house and senate appropriations
subcommittees on state school aid, the state budget director, the
house and senate fiscal agencies, and the department not later than
December
31, 2013.1, 2014.
(vi) Design professional development services for Before August
31, 2014, provide an extensive professional development program to
at least 1,000 educational personnel, including teachers, school
administrators,
and school board members, to learn how to
effectively
integrate new technologies and online learning into
curricula
and instruction.that focuses
on the effective integration
of digital learning into curricula and instruction. Not later than
December 1, 2014, the Michigan virtual learning research institute
shall submit a report to the house and senate appropriations
subcommittees on state school aid, the state budget director, the
house and senate fiscal agencies, and the department on the number
and percentage of teachers, school administrators, and school board
members who have received professional development services from
the Michigan virtual university. The report shall also identify
barriers and other opportunities to encourage the adoption of
digital learning in the public education system. The Michigan
virtual university shall ensure that not more than $100.00 of the
money allocated under subsection (1) is expended for the activities
described in this subparagraph.
(vii) Identify and share best practices for planning,
implementing, and evaluating online and blended education delivery
models with intermediate districts, districts, and public school
academies to accelerate the adoption of innovative education
delivery models statewide. Beginning in 2013-2014, the Michigan
virtual university shall award up to $100.00 in competitive grants
to intermediate districts or consortia of intermediate districts to
support and accelerate statewide efforts to expand the integration
of online and blended learning. These grant funds may not be used
to supplant personnel costs at an intermediate district. Not later
than December 1, 2014, the Michigan virtual university shall report
to the house and senate appropriations subcommittees on state
school aid, the state budget director, the house and senate fiscal
agencies, and the department on barriers and other opportunities to
encourage the acceptance of digital learning in the public
education system.
(b)
Provide leadership for this state's system of online and
blended
digital learning education by doing the following
activities:
(i) Develop and report policy recommendations to the governor
and the legislature that accelerate the expansion of effective
online learning in this state's schools.
(ii) Provide a clearinghouse for research reports, academic
studies, evaluations, and other information related to online
learning.
(iii) Promote and distribute the most current instructional
design standards and guidelines for online teaching.
(iv) In collaboration with the department and interested
colleges and universities in this state, recommend to the
superintendent guidelines and standards for a new teacher
endorsement
credential related to effective online and blended
digital learning instruction. Not later than September 30, 2013,
the Michigan virtual learning research institute shall report its
recommendations for a new digital learning teacher endorsement
credential. Beginning in 2013-2014, the Michigan virtual university
shall convene and support a statewide cohort of higher education
faculty members to implement the new teacher endorsement credential
within their higher education institutions' teacher preparation
programs. The Michigan virtual university may support a portion of
the personnel costs associated with this initiative. The Michigan
virtual university shall ensure that higher education faculty
members participating in this initiative are required to conduct
research work that contributes to the goals of the Michigan virtual
learning research institute. The Michigan virtual university shall
ensure that not more than $100.00 of the money allocated under
subsection (1) is expended for the activities described in this
subparagraph.
(v) Pursue public/private partnerships that include districts
to study and implement competency-based technology-rich online
learning models.
(vi) Convene focus groups and conduct annual surveys of
teachers, administrators, pupils, parents, and others to identify
barriers and opportunities related to online learning.
(vii) Produce an annual consumer awareness report for schools
and parents about effective online education providers and
education delivery models, performance data, cost structures, and
research trends.
(3)
Subject to the provisions of this subsection, from the
funds
allocated in subsection (1), there is allocated an amount not
to
exceed $500,000.00 for 2012-2013 to the Michigan virtual school
operated
by the Michigan virtual university to conduct and report
on
a year-long pilot study of a new performance-based funding model
for
the Michigan virtual school. The purpose of the pilot study is
to
determine the merits of a payment system for online
instructional
programs based on pupil performance rather than
solely
on enrollment and attendance factors. All of the following
apply
to the pilot study and the funding under this subsection:
(a)
The Michigan virtual school shall randomly select a
minimum
of 1,000 of its qualifying online course enrollments for
inclusion
in the pilot study. The Michigan virtual school shall
issue
a refund or credit to districts for all online course
enrollments
included in the pilot study.
(b)
The Michigan virtual school shall report to the department
the
number of online course enrollments in the pilot study that
meet
the following conditions:
(i) The pupil successfully completed the online course
as
measured
by assessments aligned to the course content and earned a
grade
or credit from the district or public school academy in which
the
pupil is enrolled.
(ii) The online course is taught by a Michigan
certificated
teacher
certified in the subject area in which the course is being
offered.
(iii) Where applicable, the online course is aligned with
Michigan
curriculum standards.
(iv) The online course curriculum contains periodic
online
pupil
assessments.
(v) Pupils have access to the appropriate technology
hardware
and
software necessary to take the online course.
(vi) Parents or guardians and pupils have secure online
access
to
review periodic pupil progress and performance data.
(vii) The online instructor is available to interact
with
parents
or guardians and pupils using electronic communications.
(c)
The department shall pay to Michigan virtual school from
the
funding under this subsection an amount not to exceed the
equivalent
of 1/12 of the state's minimum per pupil foundation
allowance
for each online course enrollment included in the pilot
study
that meets the conditions of subdivision (b) in the next
school
aid payment after the report is received by the department.
(viii) Research and establish an Internet-based platform that
educators can use to create student-centric learning tools and
resources and facilitate a user network that assists educators in
using the platform. As part of this initiative, the Michigan
virtual university shall work collaboratively with districts and
intermediate districts to establish a plan to make available online
resources that align to Michigan's K-12 curriculum standards for
use by students, educators, and parents. The Michigan virtual
university shall ensure that not more than $100.00 of the money
allocated under subsection (1) is expended for the activities
described in this subparagraph.
(3) (4)
In order for the Michigan virtual
university to
receive any funds allocated under this section, the Michigan
virtual school must maintain its accreditation status from
recognized national and international accrediting entities.
(4) (5)
The Michigan virtual school operated by the Michigan
virtual
university may offer online course
offerings, in addition
to
those offered in the pilot study described in subsection (3),
including, but not limited to, all of the following:
(a) Information technology courses.
(b) College level equivalent courses, as defined in section
1471 of the revised school code, MCL 380.1471.
(c) Courses and dual enrollment opportunities.
(d) Programs and services for at-risk pupils.
(e) General education development test preparation courses for
adjudicated youth.
(f) Special interest courses.
(g) Professional development programs for teachers, school
administrators, other school employees, and school board members.
(h) The department shall include Michigan virtual school
online courses in the statewide catalog of online courses.
(5) (6)
If a home-schooled or nonpublic
school student is a
resident of a district that subscribes to services provided by the
Michigan virtual school, the student may use the services provided
by the Michigan virtual school to the district without charge to
the student beyond what is charged to a district pupil using the
same services.
(6) (7)
Not later than December 1 of each
fiscal year, the
Michigan virtual university shall provide a report to the house and
senate appropriations subcommittees on state school aid, the state
budget director, the house and senate fiscal agencies, and the
department that includes at least all of the following information
related to the Michigan virtual school for the preceding state
fiscal year:
(a) A list of the districts served by the Michigan virtual
school.
(b) A list of online course titles available to districts.
(c) The total number of online course enrollments and
information on registrations and completions by course.
(d) The overall course completion rate percentage.
(e)
An analysis of the results of the pilot study described in
subsection
(3), including, but not limited to:
(i) A list of the districts that were selected to be
part of
the
pilot study.
(ii) The number of successful online course
completions.
(iii) A list of the courses offered in the pilot study
and the
completion
rates for each course.
(iv) Identification of opportunities and barriers that
must be
addressed
in order to apply online learning performance funding
based
on successful completions rather than enrollment and
attendance
for online learning offerings statewide.
(7) (8)
The governor may appoint an
advisory group for the
center
for online learning research and innovation Michigan virtual
learning research institute established under subsection (2). The
members of the advisory group shall serve at the pleasure of the
governor and shall serve without compensation. The purpose of the
advisory group is to make recommendations to the governor, the
Senate Bill No. 182 as amended April 24, 2013
legislature, and the president and board of the Michigan virtual
university that will accelerate innovation in this state's
education system in a manner that will prepare elementary and
secondary students to be career and college ready and that will
promote the goal of increasing the percentage of citizens of this
state with high-quality degrees and credentials to at least 60% by
2025.
(8) Not later than October 1, 2013, the Michigan virtual
university shall submit to the house and senate appropriations
subcommittees on state school aid, the state budget director, and
the house and senate fiscal agencies a detailed budget for the
2013-2014 fiscal year with details on the Michigan virtual
university's staffing, infrastructure, revenues, expenditures, and
costs charged to districts. Beginning in 2013-2014, the Michigan
virtual university shall submit this budget for the next fiscal
year to these entities not later than August 1 immediately
preceding that fiscal year.
<<
>>
Senate Bill No. 182 as amended April 24, 2013
<<(9)>> As used in this section:
(a) "Blended learning" means a hybrid instructional delivery
model
where pupils are provided face-to-face content, instruction,
and
assessment, in part at a supervised school
educational facility
away from home where the pupil and a teacher with a valid Michigan
teaching certificate are in the same physical location and in part
through
computer-based and internet-connected learning environments
with some degree of pupil control over time, location, and pace of
instruction.
(b)
"Cyber school" means a full-time online instructional
program of online courses for pupils that may or may not require
attendance at a physical school location.
(c) "Digital learning" means instruction delivered via a web-
based educational delivery system that uses various information
technologies to provide a structured learning environment,
including online and blended learning instructional methods.
(d) (c)
"Online instructional
program" course" means a course
of
study that generates is
capable of generating a credit or a
grade,
that is provided in an interactive computer-based and
internet-connected learning environment, in which pupils are
separated from their teachers by time or location, or both, and in
which
a Michigan certificated teacher teacher
who holds a valid
Michigan
teaching certificate is responsible for
providing direct
instruction,
determining appropriate
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.
Sec. 99. (1) From the funds appropriated in section 11, there
is
allocated an amount not to exceed $2,725,000.00 $2,850,000.00
for
2012-2013 2013-2014 to support the activities and programs of
mathematics and science centers and for other purposes as described
in this section. In addition, from the federal funds appropriated
in
section 11, there is allocated for 2012-2013 2013-2014 an amount
estimated at $5,249,300.00 from DED-OESE, title II, mathematics and
science partnership grants.
(2) Within a service area designated locally, approved by the
department, and consistent with the comprehensive master plan for
mathematics and science centers developed by the department and
approved by the state board, an established mathematics and science
center shall provide 2 or more of the following 6 basic services,
as described in the master plan, to constituent districts and
communities: leadership, pupil services, curriculum support,
community involvement, professional development, and resource
clearinghouse services.
(3) The department shall not award a state grant under this
section to more than 1 mathematics and science center located in a
designated region as prescribed in the 2007 master plan unless each
of the grants serves a distinct target population or provides a
service that does not duplicate another program in the designated
region.
(4) As part of the technical assistance process, the
department shall provide minimum standard guidelines that may be
used by the mathematics and science center for providing fair
access for qualified pupils and professional staff as prescribed in
this section.
(5) Allocations under this section to support the activities
and programs of mathematics and science centers shall be continuing
support grants to all 33 established mathematics and science
centers. Each established mathematics and science center that was
funded in the immediately preceding fiscal year shall receive state
funding in an amount equal to 100% of the amount it was allocated
under this subsection for the immediately preceding fiscal year. If
a center declines state funding or a center closes, the remaining
money available under this section shall be distributed to the
remaining centers, as determined by the department.
(6) From the funds allocated in subsection (1), there is
allocated
for 2012-2013 2013-2014 an amount not to exceed
$750,000.00 in a form and manner determined by the department to
those centers able to provide curriculum and professional
development support to assist districts in implementing the
Michigan merit curriculum components for mathematics and science.
Funding under this subsection is in addition to funding allocated
under subsection (5).
(7) From the funds allocated in subsection (1), there is
allocated
for 2012-2013 2013-2014 an amount not to exceed
$100,000.00 in a form and manner determined by the department to a
single mathematics and science center that is a participant in the
Michigan STEM partnership. Funding under this subsection is in
addition to funding allocated under subsection (5) and shall be
used for connecting mathematics and science centers for science,
technology, engineering, and mathematics purposes.
(8) In order to receive state or federal funds under this
section, a grant recipient shall allow access for the department or
the department's designee to audit all records related to the
program for which it receives such funds. The grant recipient shall
reimburse the state for all disallowances found in the audit.
(9) Not later than September 30, 2013, the department shall
reevaluate and update the comprehensive master plan described in
subsection (1).
(10) The department shall give preference in awarding the
federal grants allocated in subsection (1) to eligible existing
mathematics and science centers.
(11) In order to receive state funds under this section, a
grant recipient shall provide at least a 10% local match from local
public or private resources for the funds received under this
section.
(12) Not later than July 1 of each year, a mathematics and
science center that receives funds under this section shall report
to the department in a form and manner prescribed by the department
on the following performance measures:
(a) Statistical change in pre- and post-assessment scores for
students who enrolled in mathematics and science activities
provided to districts by the mathematics and science center.
(b) Statistical change in pre- and post-assessment scores for
teachers who enrolled in professional development activities
provided by the mathematics and science center.
(13) 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.
Sec. 101. (1) To be eligible to receive state aid under this
act,
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 seventh 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. For
2010-2011 and for 2011-2012, the required minimum number of days of
pupil instruction is 165. Beginning in 2012-2013, the required
minimum number of days of pupil instruction is 170. However,
beginning
in 2010-2011, a district shall not
provide fewer days of
pupil instruction than the district provided for 2009-2010. A
district may apply for a waiver under subsection (9) from the
requirements of this subdivision.
(b) Except as otherwise provided in this article, a district
failing to comply with the required minimum hours and days of pupil
instruction under this subsection 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 certify to the department the number of hours and,
beginning in 2010-2011, days of pupil instruction in the previous
school year. 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).
(c) Hours or days lost because of strikes or teachers'
conferences shall not be counted as hours or days of pupil
instruction.
(d) 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.
(e) Except as otherwise provided in subdivision (f), 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.
(f) At the request of a district that operates a department-
approved alternative education program and that does not provide
instruction for pupils in all of grades K to 12, the superintendent
may grant a waiver from the requirements of subdivision (e). The
waiver shall indicate that an eligible district is subject to the
proration provisions of subdivision (e) only if the district does
not have at least 50% of the district's membership in attendance on
any day of pupil instruction. In order to be eligible for this
waiver, a district must maintain records to substantiate its
compliance with the following requirements:
(i) The district offers the minimum hours of pupil instruction
as required under this section.
(ii) For each enrolled pupil, the district uses appropriate
academic assessments to develop an individual education plan that
leads to a high school diploma.
(iii) The district tests each pupil to determine academic
progress at regular intervals and records the results of those
tests in that pupil's individual education plan.
(g) All of the following apply to a waiver granted under
subdivision (f):
(i) If the waiver is for a blended model of delivery, a waiver
that is granted for the 2011-2012 fiscal year or a subsequent
fiscal year remains in effect unless it is revoked by the
superintendent.
(ii) If the waiver is for a 100% online model of delivery and
the educational program for which the waiver is granted makes
educational services available to pupils for a minimum of at least
1,098 hours during a school year and ensures that each pupil
participates in the educational program for at least 1,098 hours
during a school year, a waiver that is granted for the 2011-2012
fiscal year or a subsequent fiscal year remains in effect unless it
is revoked by the superintendent.
(iii) A waiver that is not a waiver described in subparagraph
(i) or (ii) is valid for 1 fiscal year and must be renewed annually
to remain in effect.
(h) The superintendent shall promulgate rules for the
implementation of this subsection.
(4) Except as otherwise provided in this subsection, the first
6 days or the equivalent number of hours for which pupil
instruction is not provided because of conditions not within the
control of school authorities, such as severe storms, fires,
epidemics, utility power unavailability, water or sewer failure, or
health conditions as defined by the city, county, or state health
authorities, 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 6 additional days or
the equivalent number of additional hours for which pupil
instruction is not provided in a district after April 1 of the
applicable school year 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 has 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 may 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
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.
(c) A waiver that is not a waiver described in subdivision (a)
or (b) is valid for 1 fiscal year and must be renewed annually to
remain in effect.
(10) A district may count up to 38 hours of qualifying
professional development for teachers as hours of pupil
instruction. 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. 102. (1) A district or intermediate district receiving
money
under this act article shall not adopt or operate under a
deficit budget, and a district or intermediate district shall not
incur an operating deficit in a fund during a school fiscal year. A
district or intermediate district that has an existing deficit fund
balance, that incurs a deficit fund balance in the most recently
completed school fiscal year, or that adopts a current year budget
that projects a deficit fund balance shall not be allotted or paid
a
further sum under this act article
until the district or
intermediate district submits to the department for approval a
budget for the current school fiscal year and a plan to eliminate
the district's or intermediate district's deficit not later than
the end of the second school fiscal year after the deficit was
incurred or the budget projecting a deficit was adopted. Withheld
state aid payments shall be released after the department approves
the
deficit reduction elimination
plan and ensures that the budget
for the current school fiscal year is balanced. After the
department approves a district's or intermediate district's deficit
reduction
elimination plan, the district or intermediate district
shall post the deficit elimination plan on the district's or
intermediate district's website.
(2) Not later than March 1 of each year, the department shall
prepare a report of deficits incurred or projected by districts and
intermediate districts in the immediately preceding fiscal year and
the progress made in reducing those deficits and submit the report
to the standing committees of the legislature responsible for K-12
education legislation, the appropriations subcommittees of the
legislature responsible for K-12 education appropriations, the
house and senate fiscal agencies, the state treasurer, and the
state budget director. The department also shall submit quarterly
interim reports concerning the progress made by districts and
intermediate districts in reducing those deficits. On a quarterly
basis, the superintendent of public instruction shall publicly
present those reports to the appropriations subcommittees of the
legislature responsible for K-12 education appropriations.
(3) The amount of the permissible deficit for each school
fiscal year shall not exceed the amount of state aid reduced by an
executive order during that school fiscal year.
(4) A district or intermediate district that has an existing
deficit fund balance, that incurs a deficit fund balance in the
most recently completed school fiscal year, or that adopts a
current year budget that projects a deficit fund balance shall
submit to the department a monthly monitoring report on revenue and
expenditures in a form and manner prescribed by the department and
shall post these reports on its website.
(5) If a district or intermediate district is not able to
comply with the provisions of this section, the district or
intermediate district shall submit to the department a plan to
eliminate its deficit. Upon approval of the plan submitted, the
superintendent of public instruction may continue allotment and
payment
of funds under this act, article,
extend the period of time
in which a district or intermediate district has to eliminate its
deficit, and set special conditions that the district or
intermediate district must meet during the period of the extension.
After the department approves a district's or intermediate
district's
deficit reduction elimination
plan under this
subsection, the district or intermediate district shall post the
deficit elimination plan on the district's or intermediate
district's website.
(6) For the purposes of this section, "deficit fund balance"
means that term as defined in the Michigan public school accounting
manual published by the department.
Sec. 104. (1) In order to receive state aid under this
article, a district shall comply with sections 1249, 1278a, 1278b,
1279, 1279g, and 1280b of the revised school code, MCL 380.1249,
380.1278a, 380.1278b, 380.1279, 380.1279g, and 380.1280b, and 1970
PA 38, MCL 388.1081 to 388.1086. Subject to subsection (2), from
the state school aid fund money appropriated in section 11, there
is
allocated for 2012-2013 2013-2014
an amount not to exceed
$26,694,400.00 for payments on behalf of districts for costs
associated with complying with those provisions of law. In
addition, from the federal funds appropriated in section 11, there
is
allocated for 2012-2013 2013-2014
an amount estimated at
$8,250,000.00, funded from DED-OESE, title VI, state assessment
funds, and from DED-OSERS, section 504 of part B of the individuals
with disabilities education act, Public Law 94-142, plus any
carryover federal funds from previous year appropriations, for the
purposes of complying with the federal no child left behind act of
2001, Public Law 107-110.
(2) The results of each test administered as part of the
Michigan educational assessment program, including tests
administered to high school students, shall include an item
analysis that lists all items that are counted for individual pupil
scores and the percentage of pupils choosing each possible
response.
(3) All federal funds allocated under this section shall be
distributed in accordance with federal law and with flexibility
provisions outlined in Public Law 107-116, and in the education
flexibility partnership act of 1999, Public Law 106-25.
(4) Notwithstanding section 17b, payments on behalf of
districts, intermediate districts, and other eligible entities
under this section shall be paid on a schedule determined by the
department.
(5) As used in this section:
(a) "DED" means the United States department of education.
(b) "DED-OESE" means the DED office of elementary and
secondary education.
(c) "DED-OSERS" means the DED office of special education and
rehabilitative services.
Sec. 107. (1) From the appropriation in section 11, there is
allocated
an amount not to exceed $22,000,000.00 for 2012-2013
2013-2014 for adult education programs authorized under this
section. Funds allocated under this section are restricted for
adult education programs as authorized under this section only. A
recipient of funds under this section shall not use those funds for
any other purpose.
(2) To be eligible for funding under this section, a program
shall employ certificated teachers and qualified administrative
staff and shall offer continuing education opportunities for
teachers to allow them to maintain certification.
(3) To be eligible to be a participant funded under this
section, a person shall be enrolled in an adult basic education
program, an adult English as a second language program, a general
educational development (G.E.D.) test preparation program, a job-
or employment-related program, or a high school completion program,
that meets the requirements of this section, and shall meet either
of the following, as applicable:
(a) If the individual has obtained a high school diploma or a
general educational development (G.E.D.) certificate, the
individual meets 1 of the following:
(i) Is less than 20 years of age on September 1 of the school
year and is enrolled in the Michigan career and technical
institute.
(ii) Is less than 20 years of age on September 1 of the school
year, is not attending an institution of higher education, and is
enrolled in a job- or employment-related program through a referral
by an employer.
(iii) Is enrolled in an English as a second language program.
(iv) Is enrolled in a high school completion program.
(b) If the individual has not obtained a high school diploma
or G.E.D. certificate, the individual meets 1 of the following:
(i) Is at least 20 years of age on September 1 of the school
year.
(ii) Is at least 16 years of age on September 1 of the school
year, has been permanently expelled from school under section
1311(2) or 1311a of the revised school code, MCL 380.1311 and
380.1311a, and has no appropriate alternative education program
available through his or her district of residence.
(4) Except as otherwise provided in subsection (5), the money
allocated under this section shall be distributed as follows:
(a) For districts and consortia that received payments for
2011-2012
2012-2013 under this section, the amount allocated to
each
for 2012-2013 2013-2014 shall be based on the number of
participants served by the district or consortium for 2012-2013,
using the amount allocated per full-time equated participant under
subsection (7), up to a maximum total allocation under this
subsection in an amount equal to the amount the district or
consortium
received for 2011-2012 2012-2013
under this section
before
any reallocations made for 2011-2012 2012-2013 under
subsection (5).
(b)
A district or consortium that received funding in 2011-
2012
2012-2013 under this section may operate independently of a
consortium
or join or form a consortium for 2012-2013. 2013-2014.
The
allocation for 2012-2013 2013-2014
to the district or the newly
formed consortium under this subsection shall be determined by the
department and shall be based on the proportion of the amounts that
are attributable to the district or consortium that received
funding
in 2011-2012. 2012-2013. A district or consortium described
in this subdivision shall notify the department of its intention
with
regard to 2012-2013 2013-2014
by October 1, 2012.2013.
(5) A district that operated an adult education program in
2011-2012
2012-2013 and does not intend to operate a program in
2012-2013
2013-2014 shall notify the department by October 1, 2012
2013 of its intention. The money intended to be allocated under
this
section to a district that does not operate a program in 2012-
2013
2013-2014 and the unspent money originally allocated under
this section to a district or consortium that subsequently operates
a program at less than the level of funding allocated under
subsection (4) and any other unallocated money under this section
shall instead be proportionately reallocated to the other districts
described in subsection (4)(a) that are operating an adult
education
program in 2012-2013 2013-2014
under this section.
(6) The amount allocated under this section per full-time
equated participant is $2,850.00 for a 450-hour program. The amount
shall be proportionately reduced for a program offering less than
450 hours of instruction.
(7) An adult basic education program or an adult English as a
second language program operated on a year-round or school year
basis may be funded under this section, subject to all of the
following:
(a) The program enrolls adults who are determined by a
department-approved assessment, in a form and manner prescribed by
the department, to be below ninth grade level in reading or
mathematics, or both, or to lack basic English proficiency.
(b) The program tests individuals for eligibility under
subdivision (a) before enrollment and upon completion of the
program in compliance with the state-approved assessment policy.
(c) A participant in an adult basic education program is
eligible for reimbursement until 1 of the following occurs:
(i) The participant's reading and mathematics proficiency are
assessed at or above the ninth grade level.
(ii) The participant fails to show progress on 2 successive
assessments after having completed at least 450 hours of
instruction.
(d) A funding recipient enrolling a participant in an English
as a second language program is eligible for funding according to
subsection (11) until the participant meets 1 of the following:
(i) The participant is assessed as having attained basic
English proficiency as determined by a department-approved
assessment.
(ii) The participant fails to show progress on 2 successive
department-approved assessments after having completed at least 450
hours of instruction. The department shall provide information to a
funding recipient regarding appropriate assessment instruments for
this program.
(8) A general educational development (G.E.D.) test
preparation program operated on a year-round or school year basis
may be funded under this section, subject to all of the following:
(a) The program enrolls adults who do not have a high school
diploma.
(b) The program shall administer a G.E.D. pre-test approved by
the department before enrolling an individual to determine the
individual's potential for success on the G.E.D. test, and shall
administer a post-test upon completion of the program in compliance
with the state-approved assessment policy.
(c) A funding recipient shall receive funding according to
subsection (11) for a participant, and a participant may be
enrolled in the program until 1 of the following occurs:
(i) The participant passes the G.E.D. test.
(ii) The participant fails to show progress on 2 successive
department-approved assessments used to determine readiness to take
the G.E.D. test after having completed at least 450 hours of
instruction.
(9) A high school completion program operated on a year-round
or school year basis may be funded under this section, subject to
all of the following:
(a) The program enrolls adults who do not have a high school
diploma.
(b) The program tests participants described in subdivision
(a) before enrollment and upon completion of the program in
compliance with the state-approved assessment policy.
(c) A funding recipient shall receive funding according to
subsection (11) for a participant in a course offered under this
subsection until 1 of the following occurs:
(i) The participant passes the course and earns a high school
diploma.
(ii) The participant fails to earn credit in 2 successive
semesters or terms in which the participant is enrolled after
having completed at least 900 hours of instruction.
(10) A job- or employment-related adult education program
operated on a year-round or school year basis may be funded under
this section, subject to all of the following:
(a) The program enrolls adults referred by their employer who
are less than 20 years of age, have a high school diploma, are
determined to be in need of remedial mathematics or communication
arts skills and are not attending an institution of higher
education.
(b) The program tests participants described in subdivision
(a) before enrollment and upon completion of the program in
compliance with the department-approved assessment policy.
(c) An individual may be enrolled in this program and the
grant recipient shall receive funding according to subsection (11)
until 1 of the following occurs:
(i) The individual achieves the requisite skills as determined
by department-approved assessment instruments.
(ii) The individual fails to show progress on 2 successive
assessments after having completed at least 450 hours of
instruction.
(11) A funding recipient shall receive payments under this
section in accordance with the following:
(a) Ninety percent for enrollment of eligible participants.
(b) Ten percent for completion of the adult basic education
objectives by achieving an increase of at least 1 grade level of
proficiency in reading or mathematics; for achieving basic English
proficiency, as defined by the department in the adult education
guidebook; for obtaining a G.E.D. or passage of 1 or more
individual G.E.D. tests; for attainment of a high school diploma or
passage of a course required for a participant to attain a high
school diploma; or for completion of the course and demonstrated
proficiency in the academic skills to be learned in the course, as
applicable.
(12) As used in this section, "participant" means the sum of
the number of full-time equated individuals enrolled in and
attending a department-approved adult education program under this
section, using quarterly participant count days on the schedule
described in section 6(7)(b).
(13) A person who is not eligible to be a participant funded
under this section may receive adult education services upon the
payment of tuition. In addition, a person who is not eligible to be
served in a program under this section due to the program
limitations specified in subsection (7), (8), (9), or (10) may
continue to receive adult education services in that program upon
the payment of tuition. The tuition level shall be determined by
the local or intermediate district conducting the program.
(14) An individual who is an inmate in a state correctional
facility shall not be counted as a participant under this section.
(15) A district shall not commingle money received under this
section or from another source for adult education purposes with
any other funds of the district. A district receiving adult
education funds shall establish a separate ledger account for those
funds. This subsection does not prohibit a district from using
general funds of the district to support an adult education or
community education program.
(16) A district or intermediate district receiving funds under
this section may establish a sliding scale of tuition rates based
upon a participant's family income. A district or intermediate
district may charge a participant tuition to receive adult
education services under this section from that sliding scale of
tuition rates on a uniform basis. The amount of tuition charged per
participant shall not exceed the actual operating cost per
participant minus any funds received under this section per
participant. A district or intermediate district may not charge a
participant tuition under this section if the participant's income
is at or below 200% of the federal poverty guidelines published by
the United States department of health and human services.
(17) In order to receive funds under this section, a district
shall furnish to the department, in a form and manner determined by
the department, all information needed to administer this program
and meet federal reporting requirements; shall allow the department
or the department's designee to review all records related to the
program for which it receives funds; and shall reimburse the state
for all disallowances found in the review, as determined by the
department.
(18) All intermediate district participant audits of adult
education programs shall be performed pursuant to the adult
education participant auditing and accounting manuals published by
the department.
(19) As used in this section, "department" means the Michigan
strategic fund.
Sec.
147. (1) The allocation each fiscal year for 2012-2013
2013-2014 and for 2014-2015 for the public school employees'
retirement system pursuant to the public school employees
retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1408, shall
be made using the individual projected benefit entry age normal
cost
actuarial method of
valuation and risk assumptions adopted
by
the public school employees retirement board and the department of
technology, management, and budget.
(2) The annual level percentage of payroll contribution rates
for the 2013-2014 fiscal year, as determined by the retirement
system, are estimated as follows:
(a) For public school employees who first worked for a public
school reporting unit before July 1, 2010 and who are enrolled in
the health premium subsidy, the annual level percentage of payroll
contribution
rate is estimated at 18.62% for pension and at 8.75%
for
retiree health care for the 2012-2013 fiscal year, unless a
different
contribution rate is calculated and applied by the office
of
retirement services pursuant to provisions enacted under Senate
Bill
No. 1040 of the 96th Legislature.29.35%,
with 24.79% paid
directly by the employer.
(b) For public school employees who first worked for a public
school reporting unit on or after July 1, 2010 and who are enrolled
in the health premium subsidy, the annual level percentage of
payroll contribution rate is estimated at 29.12%, with 24.56% paid
directly
by the employer. 17.39% for pension
and 8.75% for retiree
health
care for the 2012-2013 fiscal year, unless a different
contribution
rate is calculated and applied by the office of
retirement
services pursuant to provisions enacted under Senate
Bill
No. 1040 of the 96th Legislature. For public school employees
who
first worked for a public school reporting unit before July 1,
2010,
the annual level percentage of payroll contribution rate is
estimated
at 22.46% for pension and 8.75% for retiree health care
for
the 2013-2014 fiscal year, unless a different contribution rate
is
calculated and applied by the office of retirement services
pursuant
to provisions enacted under Senate Bill No. 1040 of the
96th
Legislature. For public school employees who first worked for
a
public school reporting unit on or after July 1, 2010, the annual
level
percentage of payroll contribution rate is estimated at
21.19%
for pension and 8.75% for retiree health care for the 2013-
2014
fiscal year, unless a different contribution rate is
calculated
and applied by the office of retirement services
pursuant
to provisions enacted under Senate Bill No. 1040 of the
96th
Legislature. The portion of the contribution rate assigned to
districts
and intermediate districts for each fiscal year is all of
the
total percentage points. This
(c) For public school employees who first worked for a public
school reporting unit on or after July 1, 2010 and who participate
in the pension plus plan and in the personal healthcare fund, the
annual level percentage of payroll contribution rate is estimated
at 28.19%, with 23.63% paid directly by the employer.
(d) For public school employees who first worked for a public
school reporting unit on or after September 4, 2012, who elect
defined contribution, and who participate in the personal
healthcare fund, the annual level percentage of payroll
contribution rate is estimated at 25.52%, with 20.96% paid directly
by the employer.
(e) For public school employees who first worked for a public
school reporting unit before July 1, 2010, who elect defined
contribution, and who are enrolled in the health premium subsidy,
the annual level percentage of payroll contribution rate is
estimated at 26.45%, with 21.89% paid directly by the employer.
(f) For public school employees who first worked for a public
school reporting unit before July 1, 2010, who elect defined
contribution, and who participate in the personal healthcare fund,
the annual level percentage of payroll contribution rate is
estimated at 25.52%, with 20.96% paid directly by the employer.
(g) For public school employees who first worked for a public
school reporting unit before July 1, 2010 and who participate in
the personal healthcare fund, the annual level percentage of
payroll contribution rate is estimated at 28.42%, with 23.86% paid
directly by the employer.
(3) The annual level percentage of payroll contribution rates
for the 2014-2015 fiscal year, as determined by the retirement
system, are estimated as follows:
(a) For public school employees who first worked for a public
school reporting unit before July 1, 2010 and who are enrolled in
the health premium subsidy, the annual level percentage of payroll
contribution rate is estimated at 33.10%, with 25.78% paid directly
by the employer.
(b) For public school employees who first worked for a public
school reporting unit on or after July 1, 2010 and who are enrolled
in the health premium subsidy, the annual level percentage of
payroll contribution rate is estimated at 32.02%, with 24.70% paid
directly by the employer.
(c) For public school employees who first worked for a public
school reporting unit on or after July 1, 2010 and who participate
in the personal healthcare fund, the annual level percentage of
payroll contribution rate is estimated at 31.51%, with 24.19% paid
directly by the employer.
(d) For public school employees who first worked for a public
school reporting unit on or after September 4, 2012, who elect
defined contribution, and who participate in the personal
healthcare fund, the annual level percentage of payroll
contribution rate is estimated at 28.28%, with 20.96% paid directly
by the employer.
(e) For public school employees who first worked for a public
Senate Bill No. 182 as amended April 24, 2013
school reporting unit before July 1, 2010, who elect defined
contribution, and who are enrolled in the health premium subsidy,
the annual level percentage of payroll contribution rate is
estimated at 28.79%, with 21.47% paid directly by the employer.
(f) For public school employees who first worked for a public
school reporting unit before July 1, 2010, who elect defined
contribution, and who participate in the personal healthcare fund,
the annual level percentage of payroll contribution rate is
estimated at 28.28%, with 20.96% paid directly by the employer.
(g) For public school employees who first worked for a public
school reporting unit before July 1, 2010 and who participate in
the personal healthcare fund, the annual level percentage of
payroll contribution rate is estimated at 32.59%, with 25.27% paid
directly by the employer.
(4) In addition to the employer payments described in
subsections (2) and (3), the employer shall pay the applicable
contributions to the Tier 2 plan, as determined by the public
school employees retirement act of 1979, 1980 PA 300 MCL 38.1301 to
38.1408.
(5)
The contribution rate reflects rates in subsection (2)
reflect
an amortization period of 26 25years
for 2012-2013. 2013-
2014. The public school employees' retirement system board shall
notify each district and intermediate district by February 28 of
each fiscal year of the estimated contribution rate for the next
fiscal year.
<<Sec.
147a. From the appropriation in section 11, there is allocated for 2012-2013
2013-2014 an amount not to exceed $155,000,000.00
for payments to participating districts. A district that receives money under
this section shall use that money solely for the purpose of offsetting a
portion of the retirement contributions owed by the district for the fiscal
year ending September 30, 2013. in which it is received. The amount allocated to each participating
district under this section shall be based on each participating district's
percentage of the total statewide payroll for all participating districts for
the immediately preceding fiscal year. As used in this section,
"participating district" means a district that is a reporting unit of
the Michigan public school employees' retirement system under the public school
employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1408, and that
reports employees to the Michigan public school employees' retirement system
for the applicable fiscal year.>>
Sec.
147b. (1) From the appropriation in section 11, there is
allocated
an amount not to exceed $133,000,000.00 for 2011-2012 and
an
amount not to exceed $41,000,000.00 for 2012-2013 for the
purposes
of this section. The money allocated in this section
represents
a portion of the year-end school aid fund balance. Money
allocated
under this section shall be deposited in the MPSERS
retirement
obligation reform reserve fund.
(1) (2)
The MPSERS retirement obligation
reform reserve fund
is created as a separate account within the state school aid fund.
(2) The state treasurer may receive money or other assets from
any source for deposit into the MPSERS retirement obligation reform
reserve fund. The state treasurer shall direct the investment of
the MPSERS retirement obligation reform reserve fund. The state
treasurer shall credit to the MPSERS retirement obligation reform
reserve fund interest and earnings from the MPSERS retirement
obligation reform reserve fund.
(3) Money available in the MPSERS retirement obligation reform
reserve fund shall not be expended without a specific
appropriation.
(4) Money in the MPSERS retirement obligation reform reserve
fund at the close of the fiscal year shall remain in the MPSERS
retirement obligation reform reserve fund and shall not lapse to
the state school aid fund or to the general fund. The department of
treasury shall be the administrator of the MPSERS retirement
obligation reform reserve fund for auditing purposes.
(3)
It is the intent of the legislature that the speaker of
the
house of representatives or the senate majority leader, or
both,
shall convene a workgroup to examine retirement obligations
and
potential reforms to the Michigan public school employees'
retirement
system established under the public school employees
retirement
act of 1979, 1980 PA 300, MCL 38.1301 to 38.1408. The
chair
of the senate appropriations committee and chair of the house
appropriations
committee, or his or her designee, each shall be a
member
of the workgroup, and the workgroup shall report to the
speaker
of the house of representatives or the senate majority
leader,
as applicable, by February 1, 2012, on reforms identified,
timelines
for implementing reforms, and estimated costs and savings
of
the identified reforms.
(5) If the contributions described in section 43e of the
public school employees retirement act of 1979, 1980 PA 300, MCL
38.1343e, as that section was added by 2010 PA 75, are determined
by a final order of a court of competent jurisdiction for which all
rights of appeal have been exhausted to be constitutional and if
the order for preliminary injunction in Case No. 10-45-MM issued on
July 13, 2010 is lifted, the money placed in a separate interest
bearing account as a result of implementing the preliminary
injunction shall be deposited into the MPSERS retirement obligation
reform reserve fund created in this section to be used solely for
health care unfunded accrued liabilities.
Sec.
147c. (1) Except as otherwise provided in subsection (2),
from
From the appropriation in section 11, there is allocated
for
2012-2013
2013-2014 an amount not to exceed $130,000,000.00 to
$253,300,000.00 from the state school aid fund, and there is
appropriated for 2013-2014 an amount not to exceed $150,000,000.00
from the MPSERS retirement obligation reform reserve fund, for
payments to districts and intermediate districts that are
participating entities of the Michigan public school employees'
retirement system.
(2) 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 $1,300,000.00 for payments to
district libraries that are participating entities of the
retirement system.
(3) Payments made under this section shall be equal to the
difference between the unfunded actuarial accrued liability
contribution rate as calculated pursuant to section 41 of the
public school employees' retirement act of 1979, 1980 PA 300, MCL
38.1341, as calculated without taking into account the maximum
employer rate of 20.96% included in section 41 of the public school
employees retirement act of 1979, 1980 PA 300, MCL 38.1341, and the
maximum employer rate of 20.96% included in section 41 of the
public school employees retirement act of 1979, 1980 PA 300, MCL
38.1341.
(2)
If section 41 of the public school employees' retirement
act
of 1979, 1980 PA 300, MCL 38.1341, is not amended by Senate
Bill
No. 1040 of the 96th Legislature, then the allocation under
subsection
(1) shall lapse to the state school aid fund unless the
legislature
takes action to allocate the funding in another manner.
(4) The amount allocated to each participating entity under
this section shall be based on each participating entity's
proportion of the total covered payroll for the immediately
preceding fiscal year for the same type of participating entities.
A participating entity that receives funds under this section shall
use the funds solely for the purpose of retirement contributions as
specified in subsection (5).
(5) Each participating entity receiving funds under this
section shall forward an amount equal to the amount allocated under
subsection (4) to the retirement system in a form, manner, and time
frame determined by the retirement system.
(6) As used in this section:
(a) "Participating entity" means a district, intermediate
district, or district library that is a reporting unit of the
Michigan public school employees' retirement system under the
public school employees retirement act of 1979, 1980 PA 300, MCL
38.1301 to 38.1437, and that reports employees to the Michigan
public school employees' retirement system for the applicable
fiscal year.
(b) "Retirement board" means the board that administers the
retirement system under the public school employees retirement act
of 1979, 1980 PA 300, MCL 38.1301 to 38.1437.
(c) "Retirement system" means the Michigan public school
employees' retirement system under the public school employees
retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437.
Sec. 152a. (1) As required by the court in the consolidated
cases known as Adair v State of Michigan, Michigan supreme court
docket nos. 137424 and 137453, from the state school aid fund money
appropriated
in section 11 there is allocated for 2012-2013 2013-
2014 an amount not to exceed $38,000,500.00 to be used solely for
the purpose of paying necessary costs related to the state-mandated
collection, maintenance, and reporting of data to this state.
Senate Bill No. 182 as amended April 24, 2013
(2) From the allocation in subsection (1), the department
shall make payments to districts and intermediate districts in an
equal amount per pupil based on the total number of pupils in
membership in each district and intermediate district. The
department shall not make any adjustment to these payments after
the final installment payment under section 17b is made.
Enacting section 1. In accordance with section 30 of article I
of the state constitution of 1963, total state spending on school
aid under article I as amended by this amendatory act from state
sources for fiscal year 2013-2014 is estimated at
<<$11,461,265,600.00>> and state appropriations for school aid to be
paid to local units of government for fiscal year 2013-2014 are
estimated at <<$11,309,482,500.00>>.
Enacting section 2. Sections 11q, 11t, 11u, 22f, 22g, 22h,
22i,
25, 25d, 32g, 32l, 93, <<101a,
and 147a and 101a>> of the state
school aid
act of 1979, 1979 PA 94, MCL 388.1611q, 388.1611t, 388.1611u,
388.1622f, 388.1622g, 388.1622h, 388.1622i, 388.1625, 388.1625d,
388.1632g,
388.1632l, 388.1693, <<388.1701a,
and 388.1747a, and
388.1701a,>> are
repealed effective October 1, 2013.
