Bill Text: MI SB0200 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Appropriations; other; executive recommendation; provide for. Amends secs. 1, 3, 6, 11a, 11g, 11j, 11k, 11m, 15, 18, 20, 20d, 22a, 22b, 24, 24a, 24c, 26a, 26b, 31a, 31d, 31f, 32b, 32d, 32j, 39, 39a, 40, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 74, 81, 94a, 98, 99, 101, 104, 107, 109, 147 & 152a of 1979 PA 94 (MCL 388.1601 et seq.); adds secs. 173a, 173b, 173c, 174a, 174b, 175a, 175b, 176a, 176b, 176c, 176d, 176e, 176f, 176g, 181a, 181b, 181c, 181d, 181e, 182a, 182b, 182c, 182d, 182e, 183a, 183b, 183c, 183d, 183e, 183f, 183g, 184a, 184b, 184c, 184d, 184e, 184f, 184g, 185a, 185b, 185c, 186a, 186b, 191, 192, 193, 194 & 195 & repeals secs. 11, 11d, 11p, 20j, 20k, 22d, 22e, 29, 32c, 41, 64, 65, 92, 93, 99i, 99p, 158b, 166c, 171 & 172 of 1979 PA 94 (MCL 388.1611 et seq.).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-02-24 - Referred To Committee On Appropriations [SB0200 Detail]
Download: Michigan-2011-SB0200-Introduced.html
SENATE BILL No. 200
February 24, 2011, Introduced by Senator KAHN and referred to the Committee on Appropriations.
A bill to amend 1979 PA 94, entitled
"The state school aid act of 1979,"
by amending sections 1, 3, 6, 11a, 11g, 11j, 11k, 11m, 15, 18, 20, 20d, 22a, 22b, 24, 24a,
24c, 26a, 26b, 31a, 31d, 31f, 32b, 32d, 32j, 39, 39a, 40, 51a, 51c, 51d, 53a, 54, 56, 61a,
62, 74, 81, 94a, 98, 99, 101, 104, 107, 109, 147, and 152a(MCL 388.1601, 388.1603,
388.1606, 388.1611a, 388.1611g, 388.1611j, 388.1611k, 388.1611m, 388.1615, 388.1618,
388.1620, 388.1620d, 388.1622a, 388.1622b, 388.1624, 388.1624a, 388.1624c, 388.1626a,
388.1626b, 388.1631a, 388.1631d, 388.1631f, 388.1632b, 388.1632d, 388.1632j, 388.1639,
388.1639a, 388.1640, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1656,
388.1661a, 388.1662, 388.1674, 388.1681, 388.1694a, 388.1698, 388.1699, 388.1701, 388.1704,
388.1707, 388.1709, 388.1747, and 388.1752a), sections 11m, 22a, 51a, and 56 as amended by
2010 PA 217, sections 11j, 24c, 26a, 39a, 81, 94a, and 104 as amended by 2010 PA 204,
sections 3, 6, 11a, 11g, 11k, 15, 18, 20, 20d, 22b, 24, 24a, 26b, 31a, 31d, 31f, 32b, 32d,
32j, 39, 51c, 51d, 53a, 54, 61a, 62, 74, 98, 99, 101, 107, and 147 as amended by 2010 PA
110, section 40 as amended by 2000 PA 297, section 109 as amended by 1994 PA 283, section
152a as added by 2010 PA 217, and section 1 as added by 1979 PA 94; and by adding sections
173a, 173b, 173c, 174a, 174b, 175a, 175b, 176a, 176b, 176c, 176d, 176e, 176f, 176g, 181a,
181b, 181c, 181d, 181e, 182a, 182b, 182c, 182d, 182e, 183a, 183b, 183c, 183d, 183e, 183f,
183g, 184a, 184b, 184c, 184d, 184e, 184f, 184g, 185a, 185b, 185c, 186a, 186b, 191, 192,
193, 194, and 195; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. The act shall be known and may be cited as "the
state school aid EDUCATION
FUNDING act of 1979".
Sec. 3. (1) "Average daily attendance", for the purposes of complying with federal
law, means 92% of the pupils counted in membership on the pupil membership count day, as
defined in section 6(7).
(2) "Board" means the governing body of a district or public school academy.
(3) "Center" means the center for educational performance and information created in
section 94a.
(4) "Cooperative education program" means a written voluntary agreement between and
among districts to provide certain educational programs for pupils in certain groups of
districts. The written agreement shall be approved by all affected districts at least
annually and shall specify the educational programs to be provided and the estimated number
of pupils from each district who will participate in the educational programs.
(5) "Department", except in section 107, means the department of education.
(6) "District" means a local school district established under the revised school
code or, except in sections 6(4), 6(6), 13, 20, 22a, 23, 29,
31a, 51a(15), 105, 105c, and
166b, a public school academy. Except in sections 6(4),
6(6), 13, 20, 22a, 29, 51a(15),
105, 105c, and 166b, district also includes a university school.
(7) "District of residence", except as otherwise provided in this subsection, means
the district in which a pupil's custodial parent or parents or legal guardian resides. For
a pupil described in section 24b, the pupil's district of residence is the district in
which the pupil enrolls under that section. For a pupil described in section 6(4)(d), the
pupil's district of residence shall be considered to be the district or intermediate
district in which the pupil is counted in membership under that section. For a pupil under
court jurisdiction who is placed outside the district in which the pupil's custodial parent
or parents or legal guardian resides, the pupil's district of residence shall be considered
to be the educating district or educating intermediate district.
(8) "District superintendent" means the superintendent of a district, the chief
administrator of a public school academy, or the chief administrator of a university
school.
Sec. 6. (1) "Center program" means a program operated by a district or by an
intermediate district for special education pupils from several districts in programs for
pupils with autism spectrum disorder, pupils with severe cognitive impairment, pupils with
moderate cognitive impairment, pupils with severe multiple impairments, pupils with hearing
impairment, pupils with visual impairment, and pupils with physical impairment or other
health impairment. Programs for pupils with emotional impairment housed in buildings that
do not serve regular education pupils also qualify. Unless otherwise approved by the
department, a center program either shall serve all constituent districts within an
intermediate district or shall serve several districts with less than 50% of the pupils
residing in the operating district. In addition, special education center program pupils
placed part-time in noncenter programs to comply with the least restrictive environment
provisions of section 612 of part B 1412(A)(5) 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 act, means for a district,
public school academy, university school, or intermediate district the sum of the product
of .75 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 .25 times the final audited count from the supplemental count day for
the immediately preceding school year. All pupil counts used in this subsection are as
determined by the department and calculated by adding the number of pupils registered for
attendance plus pupils received by transfer and minus pupils lost as defined by rules
promulgated by the superintendent, and as corrected by a subsequent department audit. 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, a pupil's
participation in the cyber school's educational program 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, public school academy,
university school, or 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 university school shall be counted in membership in the
university school.
(h) A pupil enrolled in a public school academy shall be counted in membership in the
public school academy.
(i) For a new district, university school, or public school academy beginning its
operation after December 31, 1994, membership for the first 2 full or partial fiscal years
of operation shall be determined as follows:
(i) If operations begin before the pupil membership count day for the fiscal year,
membership is the average number of full-time equated pupils in grades K to 12 actually
enrolled and in regular daily attendance on the pupil membership count day for the current
school year and on the supplemental count day for the current school year, as determined by
the department and calculated by adding the number of pupils registered for attendance on
the pupil membership count day plus pupils received by transfer and minus pupils lost as
defined by rules promulgated by the superintendent, and as corrected by a subsequent
department audit, plus the final audited count from the supplemental count day for the
current school year, and dividing that sum by 2.
(ii) If operations begin after the pupil membership count day for the fiscal year and
not later than the supplemental count day for the fiscal year, membership is the final
audited count of the number of full-time equated pupils in grades K to 12 actually enrolled
and in regular daily attendance on the supplemental count day for the current school year.
(j) If a district is the authorizing body for a public school academy, then, in the
first school year in which pupils are counted in membership on the pupil membership count
day in the public school academy, the determination of the district's membership shall
exclude from the district's pupil count for the immediately preceding supplemental count
day any pupils who are counted in the public school academy on that first pupil membership
count day who were also counted in the district on the immediately preceding supplemental
count day.
(k) In a district, public school academy, university school, or 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) Pupils to be counted in membership shall be not less than 5 years of age on
December 1 and 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 750,000.
(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.
(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 STUDENT WITH A
DISABILITY AS DEFINED IN R 340.1702 OF THE MICHIGAN ADMINISTRATIVE CODE. An individual
participating in a job training program funded under former section 107a or a jobs program
funded under former section 107b, administered by the Michigan strategic fund or the
department of energy, labor, and economic growth, or participating in any successor of
either of those 2 programs, shall not be counted in membership.
(n) If a pupil counted in membership in a public school academy is also educated by a
district or intermediate district as part of a cooperative education program, the pupil
shall be counted in membership only in the public school academy unless a written agreement
signed by all parties designates the party or parties in which the pupil shall be counted
in membership, and the instructional time scheduled for the pupil in the district or
intermediate district shall be included in the full-time equated membership determination
under subdivision (q). However, for pupils receiving instruction in both a public school
academy and in a district or intermediate district but not as a part of a cooperative
education program, the following apply:
(i) If the public school academy provides instruction for at least 1/2 of the class
hours specified in subdivision (q), the public school academy shall receive as its prorated
share of the full-time equated membership for each of those pupils an amount equal to 1
times the product of the hours of instruction the public school academy provides divided by
the number of hours 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 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.
(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) Except as otherwise provided in this subdivision, 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.
(s) For a district, university school, or public school academy that has pupils
enrolled in a grade level that was not offered by the district, university school, or
public school academy in the immediately preceding school year, the number of pupils
enrolled in that grade level to be counted in membership is the average of the number of
those pupils enrolled and in regular daily attendance on the pupil membership count day and
the supplemental count day of the current school year, as determined by the department.
Membership shall be calculated by adding the number of pupils registered for attendance in
that grade level on the pupil membership count day plus pupils received by transfer and
minus pupils lost as defined by rules promulgated by the superintendent, and as corrected
by subsequent department audit, plus the final audited count from the supplemental count
day for the current school year, and dividing that sum by 2.
(t) A pupil enrolled in a cooperative education program may be counted in membership
in the pupil's district of residence with the written approval of all parties to the
cooperative agreement.
(u) If, as a result of a disciplinary action, a district determines through the
district's alternative or disciplinary education program that the best instructional
placement for a pupil is in the pupil's home or otherwise apart from the general school
population, if that placement is authorized in writing by the district superintendent and
district alternative or disciplinary education supervisor, and if the district provides
appropriate instruction as described in this subdivision to the pupil at the pupil's home
or otherwise apart from the general school population, the district may count the pupil in
membership on a pro rata basis, with the proration based on the number of hours of
instruction the district actually provides to the pupil divided by the number of hours
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 or public school academy 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
within 45 days after the pupil membership count day, the department shall adjust the
district's pupil count for the pupil membership count day to include the pupil in the
count.
(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 .75 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 .25 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.
(Y) (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 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 receives the same amount of membership aid for the pupil
as if the pupil were counted in the district on the supplemental count day of the preceding
school year.
(Z) (aa) Full-time equated memberships for
preprimary-aged 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
preprimary-aged special education pupils who are not enrolled in kindergarten but are
receiving nonclassroom 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.
(AA) (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 described
in section 64, 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.
(BB) (dd) A district that educates a pupil
who attends a United
States Olympic
education center may count the pupil in membership regardless of whether or not the pupil
is a resident of this state.
(CC) (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.
(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 university school.
(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 750.90g, 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 high school, for the pupil's enrollment
in the Michigan virtual high 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
program described in section 64 if the pupil's district of
residence and the enrolling
district are both constituent districts of the same
intermediate district.
(L) (m) A pupil enrolled in a district other
than the pupil's district of residence
who attends a United States Olympic education center.
(M) (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.
(N) (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.
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 fourth
FIRST Wednesday after Labor day
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) Fourth FIRST Wednesday after Labor
day IN OCTOBER.
(iii) Second Wednesday in February.
(iv) Fourth Wednesday in April.
(8) "Pupils in grades K to 12 actually enrolled and in regular daily attendance"
means pupils in grades K to 12 in attendance and receiving instruction in all classes for
which they are enrolled on the pupil membership count day or the supplemental count day, as
applicable. Except as otherwise provided in this subsection, a pupil who is absent from any
of the classes in which the pupil is enrolled on the pupil membership count day or
supplemental count day and who does not attend each of those classes during the 10
consecutive school days immediately following the pupil membership count day or
supplemental count day, except for a pupil who has been excused by the district, shall not
be counted as 1.0 full-time equated membership. A pupil who is excused from attendance on
the pupil membership count day or supplemental count day and who fails to attend each of
the classes in which the pupil is enrolled within 30 calendar days after the pupil
membership count day or supplemental count day shall not be counted as 1.0 full-time
equated membership. In addition, a pupil who was enrolled and in attendance in a district,
intermediate district, or public school academy before the pupil membership count day or
supplemental count day of a particular year but was expelled or suspended on the pupil
membership count day or supplemental count day shall only be counted as 1.0 full-time
equated membership if the pupil resumed attendance in the district, intermediate district,
or public school academy within 45 days after the pupil membership count day or
supplemental count day of that particular year. Pupils not counted as 1.0 full-time equated
membership due to an absence from a class shall be counted as a prorated membership for the
classes the pupil attended. For purposes of this subsection, "class" means a period of time
in 1 day when pupils and a certificated teacher or legally qualified 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. Tuition pupil does
not include a pupil who is a special education pupil or a pupil described in subsection
(6)(c) to (o)(N). A pupil's district of residence
shall not require a high school tuition
pupil, as provided under section 111, to attend another school district after the pupil has
been assigned to a school district.
(17) "State school aid fund" means the state school aid fund established in section
11 of article IX of the state constitution of 1963.
(18) "Taxable value" means the taxable value of property as determined under section
27a of the general property tax act, 1893 PA 206, MCL 211.27a.
(19) "Textbook" means a book, ELECTRONIC BOOK, OR OTHER INSTRUCTIONAL PRINT OR
ELECTRONIC RESOURCE that is selected and approved by the governing board of a district and
that contains a presentation of principles of a subject, or that is a literary work
relevant to the study of a subject required for the use of classroom pupils, or another
type of course material that forms the basis of classroom instruction.
(20) "Total state aid" or "total state school aid" means the total combined amount of
all funds due to a district, intermediate district, or other entity under all of the
provisions of this act.
(21) "University school" means an instructional program operated by a public
university under section 23 that meets the requirements of section 23.
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
11 191 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)
195(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) 195(3).
(7) For 2010-2011, IN ADDITION TO THE
APPROPRIATIONS IN SECTION 191, there is
appropriated FOR 2011-2012 from the school aid stabilization fund to the state school aid
fund the amount necessary to fully fund the allocations under this act.
Sec. 11g. (1) From the appropriation in section 11
192(6) FOR DEBT SERVICE AND OTHER
REQUIRED PAYMENTS, there is allocated for this section an
amount not to exceed
$39,000,000.00 for the CURRENT fiscal year ending September 30, 2011 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 act 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.
(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
192(6) FOR DEBT SERVICE AND OTHER
REQUIRED PAYMENTS, there is allocated an amount not to
exceed $5,167,800.00 for 2010-2011
for payments to the school loan bond redemption fund in the department of treasury on
behalf of districts and intermediate districts.
Notwithstanding section 11 195 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 2010-2011, IN ADDITION TO THE
APPROPRIATIONS IN SECTION 192, there is
appropriated FOR 2011-2012 from the general fund to the school loan revolving fund an
amount equal to the amount of school bond loans assigned to the Michigan finance authority,
not to exceed the total amount of school bond loans held in reserve as long-term assets. As
used in this section, "school loan revolving fund" means that fund created in section 16c
of the shared credit rating act, 1985 PA 227, MCL 141.1066c.
Sec. 11m. From the appropriations
APPROPRIATION in section 11 192(6) FOR DEBT SERVICE
AND
OTHER REQUIRED PAYMENTS, there is allocated for 2009-2010 an amount not
to exceed
$12,000,000.00 and for 2010-2011 there is allocated an
amount not to exceed $45,000,000.00
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. 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 act,
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 act other than a special education or special education transportation payment. State
aid overpayments made in special education or special education transportation payments may
be recovered from subsequent special education or special education transportation
payments.
(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 if the district would otherwise experience a significant hardship.
(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
act 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.
(4) Expenditures made by the department under this act 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
192 for all programs and
services, there is appropriated for 2010-2011
2011-2012 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 act, each district or
other entity shall apply the money received by the district or entity under this act to
salaries and other compensation of teachers and other employees, tuition, transportation,
lighting, heating, ventilation, water service, the purchase of textbooks which are
designated by the board to be used in the schools under the board's charge, other supplies,
and any other school operating expenditures defined in section 7. However, not more than
20% of the total amount received by a district under article 2 or intermediate district
under article 8 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 act
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.
(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 act 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) An intermediate district's annual financial
audit shall be accompanied by the
intermediate district's pupil accounting procedures report.
(C) (d) 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) (e) 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) (f) Except as otherwise provided in this
subsection, a district shall file the
annual financial audit reports with the intermediate
district not later than 120 days after
the end of each school fiscal year and the DEPARTMENT NOT LATER THAN
NOVEMBER 15 OF EACH
YEAR. THE INTERMEDIATE DISTRICT SHALL FILE THE ANNUAL FINANCIAL AUDIT REPORTS FOR THE
INTERMEDIATE DISTRICT WITH THE DEPARTMENT NOT LATER THAN NOVEMBER 15 OF EACH YEAR. THE
intermediate district shall forward the annual financial
ENTER THE PUPIL MEMBERSHIP audit
reports for its constituent districts and for the intermediate
district, and the pupil
accounting procedures report for the pupil membership count day
and supplemental count day,
to the department IN THE MICHIGAN STUDENT DATA SYSTEM not later than November 15 of each
year.
(F) (g) 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) (h) Not later than December
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. The department shall make this
information available online to
districts and intermediate districts, and shall include
per-pupil amounts spent on
instruction and instructional support service functions,
and indicate how much of those
costs were attributable to salaries. Districts and
intermediate districts shall include a
link on their websites to the website where the department
posts this information.
(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 act.
(9) If a district that is a public school academy purchases property using money
received under this act, 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 act, 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.
Sec. 20. (1) For 2009-2010 2011-2012 and for 2010-2011
2012-2013, the basic
foundation allowance is $8,489.00 $8,019.00.
(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 district's foundation
allowance for the immediately preceding state fiscal year plus the difference between twice
the dollar amount of the adjustment from the immediately preceding state fiscal year to the
current state fiscal year made in the basic foundation allowance and [(the 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 2009-2010
2011-2012 and for 2010-2011 2012-2013, 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 2010-2011 MINUS
$470.00. 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 in an amount equal to the
sum of the district's foundation allowance for the
immediately preceding state fiscal year
plus the dollar amount of the adjustment from the
immediately preceding state fiscal year
to the current state fiscal year in the basic foundation
allowance FISCAL
YEAR 2010-2011
MINUS $470.00.
(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 AND FOR 2012-2013, 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 SUM OF THE DISTRICT’S FOUNDATION
ALLOWANCE FOR THE 2010-2011 FISCAL YEAR MINUS $470.00.
(d) If House Bill No. 6212 of the 95th
Legislature is enacted into law, then
beginning BEGINNING in 2011-2012, 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.
(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. For the purposes of state law, federal
funding awarded to this state under title
XIV of the American recovery and reinvestment act of 2009,
Public Law 111-5, that is
appropriated under section 11 and allocated under section
22b, is considered to be part of
the state portion of a district's foundation allowance and
is considered to be part of the
total state school aid paid to a public school academy.
(5) The allocation calculated under this section for a pupil shall be based on the
foundation allowance of the pupil's district of residence. However,
for a pupil enrolled in
a district other than the pupil's district of residence, if
the foundation allowance of the
pupil's district of residence has been adjusted pursuant to
subsection (19), the allocation
calculated under this section shall not include the
adjustment described in subsection
(19). For a pupil enrolled pursuant to section 105 or 105c in a district
other than the
pupil's district of residence, the allocation calculated under this section shall be based
on the lesser of the foundation allowance of the pupil's district of residence or the
foundation allowance of the educating district. For a pupil in membership in a K-5, K-6, or
K-8 district who is enrolled in another district in a grade not offered by the pupil's
district of residence, the allocation calculated under this section shall be based on the
foundation allowance of the educating district if the educating district's foundation
allowance is greater than the foundation allowance of the pupil's district of residence.
The calculation under this subsection shall take into
account a district's per pupil
allocation under section 20j(2).
(6) Subject to subsection (7) and except as otherwise provided in this subsection,
for pupils in membership, other than special education pupils, in a public school academy
or a university school, the allocation calculated under this section is an amount per
membership pupil other than special education pupils in the public school academy or
university school equal to the foundation allowance of the district in which the public
school academy or university school is located or the state maximum public school academy
allocation, whichever is less. However, a public school academy or university school 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 or university school 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) If more than 25% of the pupils residing within a district are in membership in 1
or more public school academies located in the district, then the amount per membership
pupil calculated under this section for a public school academy located in the district
shall be reduced by an amount equal to the difference between the sum of the product of the
taxable value per membership pupil of all property in the district that is nonexempt
property times the district's certified mills and, for a district with certified mills
exceeding 12, the product of the taxable value per membership pupil of property in the
district that is commercial personal property times the certified mills minus 12 mills and
the quotient of the ad valorem property tax revenue of the district captured under tax
increment financing acts divided by the district's membership excluding special education
pupils, in the school fiscal year ending in the current state fiscal year, calculated as if
the resident pupils in membership in 1 or more public school academies located in the
district were in membership in the district. In order to receive state school aid under
this act, a district described in this subsection shall pay to the authorizing body that is
the fiscal agent for a public school academy located in the district for forwarding to the
public school academy an amount equal to that local school operating revenue per membership
pupil for each resident pupil in membership other than special education pupils in the
public school academy, as determined by the department.
(8) If a district does not receive an amount
calculated under subsection (9); if the
number of mills the district may levy on a principal
residence, qualified agricultural
property, qualified forest property, supportive housing
property, industrial personal
property, and commercial personal property under section
1211 of the revised school code,
MCL 380.1211, is 0.5 mills or less; and if the district elects not to levy
those mills, the
district instead shall receive a separate supplemental
amount calculated under this
subsection in an amount equal to the amount the district
would have received had it levied
those mills, as determined by the department of treasury. A
district shall not receive a
separate supplemental amount calculated under this
subsection for a fiscal year unless in
the calendar year ending in the fiscal year the district
levies the district's certified
mills on property that is nonexempt property.
(9) For a district that had combined state and
local revenue per membership pupil in
the 1993-94 state fiscal year of more than $6,500.00 and
that had fewer than 350 pupils in
membership, if the district elects not to reduce the number
of mills from which a principal
residence, qualified agricultural property, qualified
forest property, supportive housing
property, industrial personal property, and commercial
personal property are exempt and not
to levy school operating taxes on a principal residence,
qualified agricultural property,
qualified forest property, supportive housing property,
industrial personal property, and
commercial personal property as provided in section 1211 of
the revised school code, MCL
380.1211, and not to levy school operating taxes on all
property as provided in section
1211(2) of the revised school code, MCL 380.1211, there is calculated under
this subsection
for 1994-95 and each succeeding fiscal year a separate
supplemental amount in an amount
equal to the amount the district would have received per
membership pupil had it levied
school operating taxes on a principal residence, qualified
agricultural property, qualified
forest property, supportive housing property, industrial
personal property, and commercial
personal property at the rate authorized for the district
under section 1211 of the revised
school code, MCL 380.1211, and levied school operating taxes on all property at the
rate
authorized for the district under section 1211(2) of the
revised school code, MCL
380.1211,
as determined by the department of treasury. If in the
calendar year ending in the fiscal
year a district does not levy the district's certified
mills on property that is nonexempt
property, the amount calculated under this subsection will
be reduced by the same
percentage as the millage actually levied compares to the
district's certified mills.
(8) (10) Subject to subsection (4), for a
district that is formed or reconfigured
after June 1, 2002 by consolidation of 2 or more districts or by annexation, the resulting
district's foundation allowance under this section beginning after the effective date of
the consolidation or annexation shall be the 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. The calculation under this
subsection shall take into account a district's per pupil
allocation under section 20j(2).
(9) (11) 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) (12) 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) (13) 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 2009-2010 and
for 2010-2011 2011-2012, THE INDEX
SHALL BE .93575 AND FOR 2012-2013, 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) (14) If the principals at the revenue
estimating conference reach a consensus on
the index described in subsection (13)(11)(c), the
lowest foundation allowance among all
districts for the subsequent state fiscal year shall be at least the amount of that
consensus index multiplied by the lowest foundation allowance among all districts for the
immediately preceding state fiscal year.
(15) If at the January revenue estimating
conference it is estimated that pupil
membership, excluding intermediate district membership, for
the subsequent state fiscal
year will be greater than 101% of the pupil membership,
excluding intermediate district
membership, for the current state fiscal year, then it is
the intent of the legislature
that the executive budget proposal for the school aid
budget for the subsequent state
fiscal year include a general fund/general purpose
allocation sufficient to support the
membership in excess of 101% of the current year pupil
membership.
(16) For a district that had combined state and
local revenue per membership pupil in
the 1993-94 state fiscal year of more than $6,500.00, that
had fewer than 7 pupils in
membership in the 1993-94 state fiscal year, that has at
least 1 child educated in the
district in the current state fiscal year, and that levies
the number of mills of school
operating taxes authorized for the district under section
1211 of the revised school code,
MCL 380.1211, a minimum amount of combined state and local revenue shall
be calculated for
the district as provided under this subsection. The minimum
amount of combined state and
local revenue for 1999-2000 shall be $67,000.00 plus the
district's additional expenses to
educate pupils in grades 9 to 12 educated in other
districts as determined and allowed by
the department. The minimum amount of combined state and
local revenue under this
subsection, before adding the additional expenses, shall
increase each fiscal year by the
same percentage increase as the percentage increase in the
basic foundation allowance from
the immediately preceding fiscal year to the current fiscal
year. The state portion of the
minimum amount of combined state and local revenue under
this subsection shall be
calculated by subtracting from the minimum amount of
combined state and local revenue under
this subsection the sum of the district's local school
operating revenue and an amount
equal to the product of the sum of the state portion of the
district's foundation allowance
plus the amount calculated under section 20j times the
district's membership. As used in
this subsection, "additional expenses" means the
district's expenses for tuition or fees,
not to exceed the basic foundation allowance for the
current state fiscal year, plus a room
and board stipend not to exceed $10.00 per school day for
each pupil in grades 9 to 12
educated in another district, as approved by the
department.
(17) 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.
(18) 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.
(19) 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 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, and may also use these
funds for an early intervening
program described in subsection (20). 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.
(20) An early intervening program that uses funds
resulting from the adjustment under
subsection (19) shall meet either or both of the following:
(a) Shall monitor individual pupil learning for pupils
in grades K to 3 and provide
specific support or learning strategies to pupils in grades
K to 3 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) Shall provide early intervening strategies for
pupils in grades K to 3 using
schoolwide systems of academic and behavioral supports and
shall be 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 schoolwide 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.
(21) 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.
(22) 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.
(13) (23) Payments to districts, university
schools, or public school academies shall
not be made under this section. Rather, the calculations under this section shall be used
to determine the amount of state payments under section 22b.
(14) (24) 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.
(15) (26) 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 2009-2010 2011-2012 and
2010-2011 2012-2013, maximum public school academy allocation means $7,580.00
$7,110.00.
(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 2010-2011
2011-2012, 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. 22a. (1) From the appropriation in section 11
192(2) FOR BASIC OPERATIONS, there
is allocated an amount not to exceed $5,796,241,000.00
for 2009-2010 and an amount not to
exceed $5,764,000,000.00 for 2010-2011 for payments to districts,
qualifying university
schools, and qualifying public school academies to guarantee each district, qualifying
university school, 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 or qualifying university school, 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, or to the board of the public
university operating the qualifying university school, an amount equal to the 1994-95 per
pupil payment to the qualifying public school academy or qualifying university school under
section 20.
(4) A district, qualifying university school, or qualifying public school academy may
use funds allocated under this section in conjunction with any federal funds for which the
district, qualifying university school, 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) 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) "Qualifying university school" means a university school that was in operation in
the 1994-95 school year and is in operation in the current fiscal year.
(k) "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.
(l) "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.
(m) "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 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 11 192(2)
FOR BASIC OPERATIONS, there is allocated for 2009-2010
an amount not to exceed
$3,289,000,000.00 and there is allocated for 2010-2011 an amount not to exceed
$3,573,500,000.00 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) In addition to the funds allocated in
subsection (1), there is allocated an
amount estimated at $450,000,000.00 for 2009-2010 and there
is allocated an amount
estimated at $184,256,600.00 for 2010-2011 from the federal
funds awarded to this state
under title XIV of the American recovery and reinvestment
act of 2009, Public Law 111-5.
These funds shall be distributed in a form and manner
determined by the department based on
an equal dollar amount per the number of membership pupils
used to calculate the final
state aid payment of the immediately preceding fiscal year
and shall be expended in a
manner prescribed by federal law.
(2) (3) Subject to subsection (4) (3)
and section 11 192, the allocation to a
district under this section shall be an amount equal to the sum of the amounts calculated
under sections 20, 20j, 51a(2), 51a(3), and
51a(12)(9), minus the sum of the allocations to
the district under sections 22a and 51c.
(3) (4) 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.
(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.
(4) (5) Districts are encouraged to use funds
allocated under this section for the
purchase and support of payroll, human resources, and other business function software that
is compatible with that of the intermediate district in which the district is located and
with other districts located within that intermediate district.
(5) (6) From the allocation in subsection
(1), the department shall pay up to
$1,000,000.00 in litigation costs incurred by this state related to commercial or
industrial property tax appeals, including, but not limited to, appeals of classification,
that impact revenues dedicated to the state school aid fund.
(6) (7) From the allocation in subsection
(1), the department shall pay up to
$1,000,000.00 in litigation costs incurred by this state associated with lawsuits filed by
1 or more districts or intermediate districts against this state. If the allocation under
this section is insufficient to fully fund all payments required under this section, the
payments under this subsection shall be made in full before any proration of remaining
payments under this section.
(7) (8) It is the intent of the legislature
that all constitutional obligations of
this state have been fully funded under sections 22a, 31d,
51a, and 51c, AND 152A. If a
claim is made by an entity receiving funds under this act 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 (3)
(2). If funds are escrowed, the escrowed funds are a work project appropriation and the
funds are carried forward into the following fiscal year. The purpose of the work project
is to provide for any payments that may be awarded to districts as a result of litigation.
The work project shall be completed upon resolution of the litigation.
(8) (9) 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 (8)
(7) or allocate from the discretionary
funds for nonmandated payments under this section the amount as may be necessary to satisfy
the amount owed to districts before making any payments to
districts under subsection (3)
(2).
(9) (10) If a claim is made in court that
challenges the legislative determination of
the adequacy of funding for this state's constitutional obligations or alleges that there
exists an unfunded constitutional requirement, any interested party may seek an expedited
review of the claim by the local claims review board. If the claim exceeds $10,000,000.00,
this state may remove the action to the court of appeals, and the court of appeals shall
have and shall exercise jurisdiction over the claim.
(10) (11) If payments resulting from a final
determination by the local claims review
board or a court of competent jurisdiction that there has been a violation of section 29 of
article IX of the state constitution of 1963 exceed the amount allocated for discretionary
nonmandated payments under this section, the legislature shall provide for adequate funding
for this state's constitutional obligations at its next legislative session.
(11) (12) If a lawsuit challenging payments
made to districts related to costs
reimbursed by federal title XIX medicaid funds is filed against this state, then, for the
purpose of addressing potential liability under such a lawsuit, the state budget director
may place funds allocated under this section in escrow or allocate money from the funds
otherwise allocated under this section, up to a maximum of 50% of the amount allocated in
subsection (1). If funds are placed in escrow under this subsection, those funds are a work
project appropriation and the funds are carried forward into the following fiscal year. The
purpose of the work project is to provide for any payments that may be awarded to districts
as a result of the litigation. The work project shall be completed upon resolution of the
litigation. In addition, this state reserves the right to terminate future federal title
XIX medicaid reimbursement payments to districts if the amount or allocation of reimbursed
funds is challenged in the lawsuit. As used in this subsection, "title XIX" means title XIX
of the social security act, 42 USC 1396 to 1396v.
(12) Beginning in 2012-2013, from the allocation in subsection (1), there is
allocated $300,000,000.00 to be paid on a per pupil basis to those districts that are
eligible as established by law. At a minimum, those districts whose employees receive a
health care benefit plan, including, but not limited to, medical, dental, vision,
disability, long-term care, or any other type of benefit that would constitute health care
services, as part of their total compensation package and whose employees are contributing
at least the same percentage of the costs of those services as state employees shall be
eligible for a payment from this subsection.
Sec. 24. (1) From the appropriation in section 11
192(4) FOR STUDENT SUPPLEMENTAL
SERVICES, there is allocated for 2010-2011 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 energy, labor, and economic growth 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 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
192(4) FOR STUDENT SUPPLEMENTAL
SERVICES, there is allocated an amount not to exceed
$1,751,300.00 for 2009-2010 and there
is allocated an amount not to exceed $1,440,000.00 for
2010-2011 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
192(4) FOR STUDENT SUPPLEMENTAL
SERVICES, there is allocated an amount not to exceed
$742,300.00 for 2010-2011 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. 26a. From the state school aid fund
appropriation in section 11 192(6) FOR DEBT
SERVICE AND OTHER
REQUIRED PAYMENTS, there is allocated an amount not to exceed
$26,300,000.00 for 2010-2011 FOR 2011-2012 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 2010 2011. 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
192(6) FOR DEBT SERVICE AND OTHER
REQUIRED PAYMENTS, there is allocated for 2010-2011
an amount not to exceed $3,400,000.00
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 ALLOCATED
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. 31a. (1) From the state school aid fund
money appropriated APPROPRIATION in
section 11 192(4) FOR STUDENT SUPPLEMENTAL SERVICES,
there is allocated for 2010-2011 an
amount not to exceed $317,695,500.00 for payments to eligible districts and eligible public
school academies 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 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 by
October
31
NOT LATER THAN THE FIFTH WEDNESDAY AFTER THE FALL 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 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 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 FALL 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 shall apply to the department, in a form and manner prescribed by
the department, and a district or public school academy must meet all of the following:
(a) The sum of the district's or public school academy's combined state and local
revenue per membership pupil in the current state fiscal year, as calculated under section
20, plus the amount of the district's per pupil
allocation under section 20j(2), 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 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 shall receive under this section for each membership pupil in the
district or public school academy 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 by October 31
NOT LATER THAN THE FIFTH WEDNESDAY
AFTER THE FALL 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 public school
academy's per pupil amount calculated under section 20, plus
the amount of the district's
per pupil allocation under section 20j(2), not to exceed the basic foundation
allowance
under section 20 for the current state fiscal year, or of the public school academy'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 after the pupil
membership count day of the immediately preceding school year shall receive under this
section for each membership pupil in the public school academy who 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 by October 31 NOT LATER
THAN THE FIFTH WEDNESDAY AFTER THE FALL 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 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
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; 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), may use not more than 20% of the funds it receives under this section for
school security. A district or public school academy shall not use any of that money for
administrative costs or to supplant another program or other funds, except for funds
allocated to the district or public school academy under this section in the immediately
preceding year and already being used by the district or public school academy 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, shall use from the funds
received under this section an amount, not to exceed $10.00 per pupil for whom the district
or public school academy receives funds under this section, necessary to pay for costs
associated with the operation of the school breakfast program.
(6) From the funds allocated under subsection (1),
there is allocated for 2010-2011
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 2010-2011
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 shall
submit to the department by July 15 of each fiscal year a report, not to exceed 10 pages,
on the usage by the district or public school academy of funds under this section, which
report shall include at least a brief description of each program conducted by the district
or public school academy using funds under this section, the amount of funds under this
section allocated to each of those programs, 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 does not comply with this subsection, the department shall withhold an amount equal
to the August payment due under this section until the district or public school academy
complies with this subsection. If the district or public school academy does not comply
with this subsection by the end of the state fiscal year, the withheld funds shall be
forfeited to the school aid fund.
(9) In order to receive funds under this section, a district or public school academy
shall allow access for the department or the department's designee to audit all records
related to the program for which it receives those funds. The district or public school
academy shall reimburse the state for all disallowances found in the audit.
(10) Subject to subsections (5), (6), (7), (12), and (13), any 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-6, 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 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-6, 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 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 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 may submit to the
department an application for flexibility in using the funds received under this section
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
benefit at-risk pupils in the school, but that may be different from the purposes otherwise
allowable under this section. The department shall approve the application if the
department determines that the purposes identified in the plan are reasonably designed to
benefit at-risk pupils in the school. 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.
(13) A district or public school academy that receives funds under this section 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 11 195, 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) Except as otherwise provided in subsection
(18), a district or public school
academy that does not meet the eligibility requirement
under subsection (2)(a) is eligible
for funding under this section if at least 1/4 of the
pupils in membership in the district
or public school academy 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), and at least 4,500 of the
pupils in membership in the district
or public school academy 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). A district or public school
academy that is eligible for
funding under this section because the district meets the
requirements of this subsection
shall receive under this section for each membership pupil
in the district or public school
academy who met the income eligibility criteria for free
breakfast, lunch, or milk in the
immediately preceding fiscal year, as determined and
reported as described in subsection
(1), an amount per pupil equal to 11.5% of the sum of the
district's foundation allowance
or public school academy's per pupil allocation under
section 20, plus the amount of the
district's per pupil allocation under section 20j(2), not
to exceed the basic foundation
allowance under section 20 for the current state fiscal
year.
(17) A district that does not meet the eligibility
requirement under subsection
(2)(a) is eligible for funding under this section if at
least 75% of the pupils in
membership in the district 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), the district receives an adjustment
under section 20(19), and
the district does not receive any state portion of its
foundation allowance as calculated
under section 20. A district that is eligible for funding
under this section because the
district meets the requirements of this subsection shall
receive under this section for
each membership pupil in the district who met the income
eligibility criteria for free
breakfast, lunch, or milk in the immediately preceding
fiscal year, as determined and
reported as described in subsection (1), an amount per
pupil equal to 11.5% of the sum of
the district's foundation allowance under section 20, not
to exceed the basic foundation
allowance under section 20 for the current state fiscal
year.
(18) For a district described in subsection (16),
the total allocation to the
district otherwise due under this section, after any
reduction under subsection (14), shall
be further reduced by 25%.
(16) (19) 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 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. 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, or science test 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 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.
Sec. 31d. (1) From the appropriations
APPROPRIATION in section 11 192(5) FOR SCHOOL
MEAL
PROGRAMS, there is allocated an amount not to exceed $22,495,100.00 for
2010-2011 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
192(5) FOR SCHOOL MEAL
PROGRAMS, there is allocated for 2010-2011 all
available federal funding, estimated at
$400,000,000.00, for the national school lunch program and all available
federal funding,
estimated at $2,506,000.00, 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
APPROPRIATION in section 11 192(5) FOR SCHOOL
MEAL
PROGRAMS, there is allocated an amount not to exceed $9,625,000.00 for
2010-2011 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. 32b. (1) From the funds appropriated under
APPROPRIATION IN section 11 192(7)
FOR EARLY CHILDHOOD EDUCATION, there is allocated an amount
not to exceed $6,000,000.00 for
2010-2011 for competitive grants to intermediate districts for the
creation and continuance
of great start communities or other community purposes as identified by the early childhood
investment corporation. These dollars may not be expended until both of the following
conditions have been met:
(a) The early childhood investment corporation has identified matching dollars of at
least an amount equal to the amount of the matching dollars for 2006-2007.
(b) The executive committee of the corporation includes, in addition to the members
of the executive committee provided for by the interlocal agreement creating the
corporation under the urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.510 to
124.512, 4 members appointed by the governor as provided in this subdivision. Not later
than 30 days after the convening of a regular legislative session in an odd-numbered year,
the speaker of the house of representatives, the house minority leader, the senate majority
leader, and the senate minority leader shall each submit to the governor a list of 3 or
more individuals as nominees for appointment as members of the executive committee of the
corporation. The corporation shall notify each of the legislative leaders of this
requirement to submit a list of nominees not later than 30 days before the date that the
list is due. Within 60 days of the submission to the governor of nominees by each of the 4
legislative leaders, the governor shall appoint 1 member of the executive committee from
each list of nominees submitted by each of the 4 legislative leaders. A member appointed
under this subdivision shall serve a term as a member of the executive committee through
the next regular legislative session unless he or she resigns or is otherwise unable to
serve. When a vacancy occurs other than by expiration of a term, the corporation shall
notify the legislative leader who originally nominated the member of the vacancy and that
legislative leader shall submit to the governor a list of 3 or more individuals as nominees
for appointment to fill the vacancy within 30 days after being notified by the corporation
of the vacancy. The governor shall make an appointment to fill that vacancy in the same
manner as the original appointment not later than 60 days after the date the vacancy
occurs.
(2) The early childhood investment corporation shall award grants to eligible
intermediate districts in an amount to be determined by the corporation.
(3) In order to receive funding, each intermediate district applicant shall agree to
convene a local great start collaborative to address the availability of the 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, to ensure that every child in the community is ready for
kindergarten. Specifically, each grant will fund the following:
(a) The completion of a community needs assessment and strategic plan for the
creation of a comprehensive system of early childhood services and supports, accessible to
all children from birth to kindergarten and their families.
(b) Identification of local resources and services for children with disabilities,
developmental delays, or special needs and their families.
(c) Coordination and expansion of infrastructure to support high-quality early
childhood and childcare programs.
(d) Evaluation of local programs.
(4) Not later than December 1 of each fiscal
year, for the grants awarded under this
section for the immediately preceding fiscal year, the
department shall provide to the
house and senate appropriations subcommittees on state
school aid, the state budget
director, and the house and senate fiscal agencies a report
detailing the amount of each
grant awarded under this section, the grant recipients, the
activities funded by each grant
under this section, and an analysis of each grant
recipient's success in addressing the
development of a comprehensive system of early childhood
services and supports.
(4) (5) An intermediate district receiving
funds under this section may carry over
any unexpended funds received under this section 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.
(5) (6) Notwithstanding section 17b, payments
under this section may be made pursuant
to an agreement with the department.
Sec. 32d. (1) For 2010-2011 FROM THE
APPROPRIATION IN SECTION 192(7) FOR EARLY
CHILDHOOD EDUCATION, there is allocated AN AMOUNT to eligible districts for great start
readiness programs an amount not to exceed
$89,400,000.00 from the state school aid fund
money appropriated in section 11. In addition, from the
general fund appropriation in
section 11, there is allocated AND
an amount not to exceed $8,875,000.00 for competitive
great start readiness program grants. Funds allocated under this section shall be used to
provide part-day or full SCHOOL-day comprehensive
free compensatory 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 show evidence of 2 or more risk factors MEET THE
PARTICIPANT ELIGIBILITY AND
PRIORITIZATION GUIDELINES as defined by the state board.
(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 by a district
for programs described in this subdivision shall not exceed
the lesser of the amount spent
by the district under this subdivision for 2006-2007 or the
amount spent under this
subdivision in any subsequent fiscal year.
(2) To be eligible to receive payments under this section, a district shall comply
with this section and section 39. To receive competitive grant payments under this section,
an eligible grant recipient shall comply with this section and section 32l.
(3) In addition to FROM 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 2010-2011 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 or full
SCHOOL-day 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.
(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 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 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) For great start readiness programs operated
by a district or consortium of
districts, provide for the ongoing articulation of the early
childhood, kindergarten, and
first grade programs offered by the district or
districts GRANT RECIPIENTS.
(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% of the children participating in an eligible great
start readiness program 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 employs qualified personnel for this program, as
follows:
(i) Teachers possessing proper training. For
programs the district manages itself
MANAGED DIRECTLY BY A SCHOOL DISTRICT, a valid teaching certificate and an early childhood
(ZA OR ZS) endorsement are required. This provision does not apply to a district OR
COMPETITIVE GRANTEE 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, both of
the following apply to this
subparagraph:
(A) If IF a district 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 employed by the district if the district 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 4 2 years of the date of
employment. Progress toward completion of the compliance plan shall consist of at least 2
courses per calendar year.
(B) For a subcontracted program, the department
shall consider a teacher with 90
credit hours and at least 4 years' teaching experience in a
qualified preschool program to
meet the requirements under this subparagraph.
(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, or the equivalent as
approved by the state board. However, if a district
demonstrates to the department that it
is unable to fully comply with this subparagraph after making reasonable efforts to comply,
the district may employ paraprofessionals who have completed at least 1 CREDIT-BEARING
course in early childhood education or child development if the district 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. 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 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 full
SCHOOL-day program funded
under this section, each child enrolled in the full
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 full
SCHOOL-day program. As used in this
subsection, "full 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 full
SCHOOL-day program must enroll all children
for the full SCHOOL day to be considered a full
SCHOOL-day program.
(7) A district or consortium of districts OR COMPETITIVE GRANTEE receiving a grant
under this section may contract with 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% of the grant amount. A district or consortium of districts
OR COMPETITIVE GRANTEE may expend not more than 10% of the total grant amount for
administration 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) A recipient of funds under this section shall
report to the department on the
midyear report IN A FORM AND
MANNER DETERMINED BY THE DEPARTMENT the number of children
participating in the program who meet the income or other eligibility criteria prescribed
by the department 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.
(10) As used in this section, "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 full SCHOOL-
day program as defined in subsection (6). A FULL-DAY PROGRAM PROVIDES SUPPLEMENTARY CHILD
CARE THAT TOTALS AT LEAST 10 HOURS OF PROGRAMMING PER DAY.
(11) A district or intermediate district
GRANTEE receiving funds under this section
is encouraged to establish a sliding scale of tuition rates based upon a child's family
income for the purpose of expanding eligible programs under
this section. A district or
intermediate district GRANTEE may 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 eligibility requirements under this section.
Sec. 32j. (1) From the appropriations
APPROPRIATION in section 11 192(7) FOR EARLY
CHILDHOOD EDUCATION, there is allocated an amount not to
exceed $5,000,000.00 for 2010-2011
for great parents, great start grants to intermediate districts to provide programs for
parents with young children. The purpose of these programs is to encourage early
mathematics and reading literacy, improve school readiness, reduce the need for special
education services, and foster the maintenance of stable families by encouraging positive
parenting skills.
(2) To qualify for funding under this section, a program shall provide services to
all families with children age 5 or younger residing within the intermediate district who
choose to participate, including at least all of the following services:
(a) Providing parents with information on child development from birth to age 5.
(b) Providing parents with methods to enhance parent-child interaction that promote
social and emotional development and age-appropriate language, mathematics, and early
reading skills for young children; including, but not limited to, encouraging parents to
read to their preschool children at least 1/2 hour per day.
(c) Providing parents with examples of learning opportunities to promote
intellectual, physical, and social growth of young children, including the acquisition of
age-appropriate language, mathematics, and early reading skills.
(d) Promoting access to needed community services through a community-school-home
partnership.
(3) To receive a grant under this section, an intermediate district shall submit a
plan to the department not later than October 15, 2010 2011 in the form and manner
prescribed by the department. The plan shall do all of the following in a manner prescribed
by the department:
(a) Provide a plan for the delivery of the program components described in subsection
(2) that targets resources based on family need and provides for educators trained in child
development to help parents understand their role in their child's developmental process,
thereby promoting school readiness and mitigating the need for special education services.
(b) Demonstrate an adequate collaboration of local entities involved in providing
programs and services for preschool children and their parents and, where there is a great
start collaborative, demonstrate that the planned services are part of the community's
great start strategic plan.
(c) Provide a projected budget for the program to be funded. The intermediate
district shall provide at least a 20% local match from local public or private resources
for the funds received under this section. Not more than 1/2 of this matching requirement,
up to a total of 10% of the total project budget, may be satisfied through in-kind services
provided by participating providers of programs or services. In addition, not more than 10%
of the grant may be used for program administration.
(4) Each intermediate district receiving a grant under this section shall agree to
include a data collection system approved by the department. The data collection system
shall provide a report by October 15 of each year on the number of children in families
with income below 200% of the federal poverty level that received services under this
program and the total number of children who received services under this program.
(5) The department or superintendent, as applicable, shall do all of the following:
(a) The superintendent shall approve or disapprove the plans and notify the
intermediate district of that decision not later than November 15, 2010 2011. The amount
allocated to each intermediate district shall be at least an amount equal to 100% of the
intermediate district's 2009-2010 2010-2011 payment
under this section.
(b) The department shall ensure that all programs funded under this section utilize
the most current validated research-based methods and curriculum for providing the program
components described in subsection (2).
(c) The department shall submit a report to the
state budget director and the senate
and house fiscal agencies summarizing the data collection
reports described in subsection
(4) by December 1 of each year.
(6) An intermediate district receiving funds under this section shall use the funds
only for the program funded under this section. An intermediate district receiving funds
under this section may carry over any unexpended funds received under this section 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. 39. (1) A district receiving funds under section 32d shall submit a
preapplication, in a form and manner prescribed by the department, by a date specified by
the department in the immediately preceding state fiscal year. The preapplication shall
include a comprehensive needs assessment and community collaboration plan, which is
endorsed by the local great start collaborative and is part of the community's great start
strategic plan that includes, but is not limited to, great start readiness program and head
start providers, and shall identify all of the following:
(a) The estimated total number of children in the community who meet the criteria of
section 32d and how that calculation was made.
(b) The estimated number of children in the community who meet the criteria of
section 32d and are being served by other early childhood development programs operating in
the community, and how that calculation was made.
(c) The number of children the district will be able to serve who meet the criteria
of section 32d including a verification of physical facility and staff resources capacity.
(d) The estimated number of children who meet the criteria of section 32d who will
remain unserved after the district and community early childhood programs have met their
funded enrollments. The school district shall maintain a waiting list of identified
unserved eligible children who would be served when openings are available.
(2) A district receiving funds under section 32d shall also submit a final
application for approval, in a form and manner prescribed by the department, by a date
specified by the department, that details how the district complies with the program
components established by the department pursuant to section 32d.
(3) The number of prekindergarten children construed to be in need of special
readiness assistance under section 32d shall be calculated for each district in the
following manner: 1/2 of the percentage of the district's pupils in grades 1 to 5 who are
eligible for free lunch, as determined using the district's pupil membership count as of
the pupil membership count day in the school year prior to the fiscal year for which the
calculation is made, under the Richard B. Russell national school lunch act, 42 USC 1751 to
1769i, shall be multiplied by the average kindergarten enrollment of the district on the
pupil membership count day of the 2 immediately preceding fiscal years.
(4) Beginning in 2008-2009, the initial allocation for each fiscal year to each
eligible district under section 32d shall be determined by multiplying the number of
children determined by the formula under subsection (3) or the number of children the
district indicates it will be able to serve under subsection (1)(c), whichever is less, by
$3,400.00 and shall be distributed among districts in decreasing order of concentration of
eligible children as determined by the formula under subsection (3). If the number of
children a district indicates it will be able to serve under subsection (1)(c) includes
children able to be served in a full SCHOOL-day
program, then the number able to be served
in a full SCHOOL-day program shall be doubled for
the purposes of making this calculation
of the lesser of the number of children determined by the formula under subsection (3) and
the number of children the district indicates it will be able to serve under subsection
(1)(c) and determining the amount of the initial allocation to the district under section
32d. A district may contract with a head start agency to serve children enrolled in head
start with a full SCHOOL-day program by blending
head start funds with a part-day great
start readiness program allocation. All head start and great start readiness program
policies and regulations apply to the blended program.
(5) If funds appropriated ALLOCATED for
eligible districts in section 32d remain
after the initial allocation under subsection (4), the allocation under this subsection
shall be distributed to each eligible district under section 32d in decreasing order of
concentration of eligible children as determined by the formula under subsection (3). The
allocation shall be determined by multiplying the number of children each eligible district
served in the immediately preceding fiscal year,
including the number of children the
district would have served if it had not satisfied all or
part of the reduction under
section 11d from funding under this section, or the number of children the
district
indicates it will be able to serve under subsection (1)(c), whichever is less, minus the
number of children for which the district received funding in subsection (4) by $3,400.00.
(6) If funds appropriated ALLOCATED for
eligible districts in section 32d remain
after the allocations under subsections (4) and (5), remaining funds shall be distributed
to each eligible district under section 32d in decreasing order of concentration of
eligible children as determined by the formula under subsection (3). If the number of
children the district indicates it will be able to serve under subsection (1)(c) exceeds
the number of children for which funds have been received under subsections (4) and (5),
the allocation under this subsection shall be determined by multiplying the number of
children the district indicates it will be able to serve under subsection (1)(c) less the
number of children for which funds have been received under subsections (4) and (5) by
$3,400.00 until the funds allocated for eligible districts in section 32d are distributed.
(7) If a district is participating in a program under section 32d for the first year,
the maximum allocation under this section is 32 multiplied by $3,400.00.
(8) A district that offers supplementary day
CHILD care funded by funds other than
those received under this section and therefore offers full-day programs as part of its
early childhood development program shall receive priority in the allocation of funds under
section 32d over other eligible districts.
(9) For any district with 315 or more eligible pupils, the number of eligible pupils
shall be 65% of the number calculated using the formula under subsection (3). However, none
of these districts may have less than 315 pupils for purposes of calculating the tentative
allocation for eligible districts under section 32d.
(10) If, taking into account the total amount to be allocated to the district as
calculated under this section, a district determines that it is able to include additional
eligible children in the great start readiness program without additional funds under
section 32d, the district may include additional eligible children but shall not receive
additional funding under section 32d for those children.
(11) A consortium of 2 or more districts shall be eligible for an allocation under
section 32d if the districts designate a district or intermediate district to serve as the
fiscal agent for the consortium's allocation. A consortium shall submit a single
application for the total number of children to be served. The consortium may decide, with
approval of all consortium members, to serve numbers of children based on the allocation to
each district or based on the allocation to the entire consortium, allowing children
residing in any district in the consortium to be served by the consortium at any location.
Sec. 39a. (1) From the federal funds appropriated in
section 11 192(4) FOR STUDENT
SUPPLEMENTAL SERVICES, there is allocated for 2010-2011
to districts, intermediate
districts, and other eligible entities all available
federal funding, estimated at
$761,973,600.00, 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 $7,461,800.00 for
the purpose of improving teaching and
learning through a more effective use of technology, funded from DED-OESE, educational
technology state grant funds.
(c) An amount estimated at $109,411,900.00
for the purpose of preparing, training,
and recruiting high-quality teachers and class size reduction, funded from DED-OESE,
improving teacher quality funds.
(d) An amount estimated at $10,322,300.00 for
programs to teach English to limited
English proficient (LEP) children, funded from DED-OESE, language acquisition state grant
funds.
(e) An amount estimated at $8,550,000.00 for
the Michigan charter school subgrant
program, funded from DED-OESE, charter school funds.
(f) An amount estimated at $1,760,000.00 for
rural and low income schools, funded
from DED-OESE, rural and low income school funds.
(g) An amount estimated at $1,000.00 to help
schools develop and implement
comprehensive school reform programs, funded from DED-OESE, title I and title X,
comprehensive school reform funds.
(h) An amount estimated at $517,479,800.00 to
provide supplemental programs to enable
educationally disadvantaged children to meet challenging academic standards, funded from
DED-OESE, title I, disadvantaged children funds.
(i) An amount estimated at $2,152,700.00 for
the purpose of providing unified family
literacy programs, funded from DED-OESE, title I, even start funds.
(j) An amount estimated at $8,807,200.00 for
the purpose of identifying and serving
migrant children, funded from DED-OESE, title I, migrant education funds.
(k) An amount estimated at $24,733,200.00 to
promote high-quality school reading
instruction for grades K-3, funded from DED-OESE, title I, reading first state grant funds.
(l) An amount estimated at $2,849,000.00 for
the purpose of implementing innovative
strategies for improving student achievement, funded from DED-OESE, title VI, innovative
strategies funds.
(m) 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.
(n) An amount estimated at $17,586,100.00 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
192(4) FOR STUDENT SUPPLEMENTAL
SERVICES, there is allocated for 2010-2011 to
districts, intermediate districts, and other
eligible entities all available federal funding,
estimated at $32,359,700.00, 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 to
provide services to homeless children and
youth, funded from DED-OVAE, homeless children and youth funds.
(c) An amount estimated at $1,445,600.00 for
serve America grants, funded from the
corporation for national and community service funds.
(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)(h), (i), (k), and (n) 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 act, the
department shall allow an intermediate district to submit a
consolidated CONSORTIA
application on behalf of 2 or more districts with the agreement of those districts AS
APPROPRIATE ACCORDING TO FEDERAL RULES AND GUIDANCE.
(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. 40. The department biennially shall review alternative methods to determine the
number of children construed to be in need of special
readiness assistance and shall report
not later than November 15 of each even-numbered year its
findings and recommendations to
the senate and house appropriations subcommittees
responsible for district funding and the
senate and house committees responsible for education
legislation and the state budget
director.
Sec. 51a. (1) From the appropriation in section 11
192(3) FOR SPECIAL EDUCATION,
there is allocated for 2009-2010 an amount not to
exceed $1,016,342,000.00 and there is
allocated for 2010-2011 an amount not to exceed
$1,057,883,000.00
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 $350,700,000.00 for
2009-2010
and estimated at $385,700,000.00 for 2010-2011, 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 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 each fiscal
year the amount necessary, estimated at $234,780,000.00 for 2009-2010
and estimated at
$248,200,000.00 for 2010-2011, 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 (12) (9),
times the sum of the foundation allowance under
section 20 of the pupil's district of
residence plus the amount of the district's per pupil
allocation under section 20j(2), 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
or university school, times an amount equal to the amount per membership pupil calculated
under section 20(6). For an intermediate district, the amount allocated under this
subdivision toward fulfilling the specified percentages shall be an amount per special
education membership pupil, excluding pupils described in
subsection (12) (9), and shall be
calculated in the same manner as for a district, using the foundation allowance under
section 20 of the pupil's district of residence, not to exceed the basic foundation
allowance under section 20 for the current fiscal year,
and that district's per pupil
allocation under section 20j(2).
(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 2009-2010 and for 2010-2011 the amount necessary,
estimated at $1,329,000.00 for
2009-2010 and estimated at $1,400,000.00 for 2010-2011, 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 act 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.
(3) (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 2009-2010 and
for 2010-2011 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.
(4) (6) From the amount allocated in subsection
(1), there is allocated an amount not
to exceed $1,750,000.00 for 2009-2010 and an amount not to
exceed $2,200,000.00 for 2010-
2011 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.
(5) (7) For purposes of this article, 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 act. 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), (8) (4), and (12)
(9) and sections 53a, 54, and 56 will exceed expenditures for that fiscal year under
subsections (2), (3), (6), (8) (4), and (12)
(9) 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), (8)
(4), and (12) (9) 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.
(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) From the allocation in subsection (1), there
is allocated each fiscal year for
2009-2010 and for 2010-2011 an amount not to exceed
$15,313,900.00 to intermediate
districts. The payment under this subsection to each
intermediate district shall be equal
to the amount of the 1996-97 allocation to the intermediate
district under subsection (6)
of this section as in effect for 1996-97.
(6) (9) 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.
(7) (10) 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.
(8) (11) 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.
(9) (12) From the funds allocated in
subsection (1), there is allocated each fiscal
year the amount necessary, estimated at $6,200,000.00
for 2009-2010 and estimated at
$6,600,000.00 for 2010-2011, to pay the foundation allowances
for pupils described in this
subsection. The allocation to a district under this subsection shall be calculated by
multiplying the number of pupils described in this subsection who are counted in membership
in the district times the sum of the foundation
allowance under section 20 of the pupil's
district of residence plus the amount of the district's
per pupil allocation under section
20j(2), 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 or university school, times an amount equal to the
amount per membership pupil under section 20(6). The allocation to an intermediate district
under this subsection shall be calculated in the same manner as for a district, using the
foundation allowance under section 20 of the pupil's district of residence, not to exceed
the basic foundation allowance under section 20 for the
current fiscal year, and that
district's per pupil allocation under section 20j(2). 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) Emotionally impaired pupils PUPILS WITH
AN EMOTIONAL IMPAIRMENT counted in
membership by an intermediate district and provided educational services by the department
of community health.
(10) (13) If it is determined that funds
allocated under subsection (2) or (12) (9)
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 (12) (9) or under section
51c in order to fully fund those allocations. After
payments under subsections (2) and (12)
(9) 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) (4).
(c) 100% of the payment required under section 54.
(d) 100% of the payment required under subsection
(3).
(e) 100% of the payment required under subsection
(8).
(d) (f) 100% of the payments under section
56.
(11) (14) The allocations under subsections
(2), (3), and (12) (9) 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.
(15) 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. 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
2009-2010 and for 2010-2011 the
amount necessary, estimated at $702,500,000.00 for
2009-2010 and estimated at
$732,100,000.00 for 2010-2011, 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 11 192(3) FOR SPECIAL
EDUCATION, there is allocated for 2010-2011 all
available federal funding, estimated at
$74,000,000.00, 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 for 2010-2011:
(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)
SPECIAL EDUCATION-PRESCHOOL GRANTS (PUBLIC LAW 108-446),
funded from DED-OSERS, handicapped
preschool incentive funds INDIVIDUALS WITH DISABILITIES EDUCATION ACT FUNDS.
(c) An amount estimated at $45,000,000.00 for
special education programs funded by
DED-OSERS, handicapped program SPECIAL
EDUCATION-GRANTS TO STATES, individuals with
disabilities act funds.
(3) As used in this section, "DED-OSERS" means the United States department of
education office of special education and rehabilitative services.
Sec. 53a. (1) For districts, reimbursement for pupils described in subsection (2)
shall be 100% of the total approved costs of operating special education programs and
services approved by the department and included in the intermediate district plan adopted
pursuant to article 3 of the revised school code, MCL 380.1701 to 380.1766, minus the
district's foundation allowance calculated under section 20,
and minus the amount
calculated for the district under section 20j. For intermediate districts,
reimbursement
for pupils described in subsection (2) shall be calculated in the same manner as for a
district, using the foundation allowance under section 20 of the pupil's district of
residence, not to exceed the basic foundation allowance under section 20 for the current
fiscal year, and under section 20j.
(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 FROM the
allocation for 2010-2011 in section
51a(1), THERE IS shall be allocated AN AMOUNT 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 2010-2011 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 $39,281,100.00 for 2009-2010 and an amount not to exceed $36,881,100.00 for
2010-
2011 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 2008-2009
2010-2011 shall be made in
2009-2010 2011-2012 at an amount per 2008-2009 2010-2011
membership pupil computed by
subtracting from $180,600.00 $174,700.00 the 2008-2009
2010-2011 taxable value behind each
membership pupil and multiplying the resulting difference
by the 2008-2009 2010-2011
millage levied. Reimbursement for those millages levied in 2009-2010
2011-2012 shall be
made in 2010-2011 2012-2013 at an amount per 2009-2010
2011-2012 membership pupil computed
by subtracting from $181,700.00 $173,000.00 the 2009-2010
2011-2012 taxable value behind
each membership pupil and multiplying the resulting
difference by the 2009-2010 2011-2012
millage levied.
Sec. 61a. (1) From the appropriation in section 11
192(4) FOR STUDENT SUPPLEMENTAL
SERVICES, there is allocated an amount not to exceed
$26,611,300.00 for 2010-2011 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
192(4) FOR STUDENT SUPPLEMENTAL SERVICES,
there is allocated an amount not to exceed $9,000,000.00 each
fiscal year for 2009-2010 and
for 2010-2011 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 2008-2009
2010-2011 shall be made in
2009-2010 2011-2012 at an amount per 2008-2009 2010-2011
membership pupil computed by
subtracting from $191,000.00 $190,400.00 the 2008-2009
2010-2011 taxable value behind each
membership pupil and multiplying the resulting difference
by the 2008-2009 2010-2011
millage levied. Reimbursement for the millages levied in 2009-2010
2011-2012 shall be made
in 2010-2011 2012-2013 at an amount per 2009-2010
2011-2012 membership pupil computed by
subtracting from $194,700.00 $188,300.00 the 2009-2010
2011-2012 taxable value behind each
membership pupil and multiplying the resulting difference
by the 2009-2010 2011-2012
millage levied.
Sec. 74. (1) From the amount appropriated
APPROPRIATION in section 11 192(4) FOR
STUDENT SUPPLEMENTAL SERVICES, there is allocated an amount
not to exceed $3,028,500.00 for
2009-2010 and there is allocated an amount not to exceed
$2,058,800.00 for 2010-2011 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 act for nonspecial education auxiliary services transportation.
(4) From the funds allocated in subsection (1),
there is allocated an amount not to
exceed $1,403,500.00 for 2009-2010 and an amount not to
exceed $433,800.00 for 2010-2011
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 each affected
district in a time and manner determined jointly by the department and the department of
state police. The department shall reimburse each district and intermediate district for
costs detailed on the statement within 30 days after receipt of the statement. Districts
for which services are provided 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 11 192(2) FOR BASIC OPERATIONS, there is
allocated for 2010-2011 to the
intermediate districts the sum necessary, but not to
exceed $65,376,800.00, to provide
state aid to intermediate districts under this section. Except as otherwise provided in
this section, there shall be allocated to each intermediate
district for 2010-2011 2011-
2012 an amount equal to 80% 95% of the amount
allocated under this subsection for 2008-2009
2010-2011. Funding provided under this section shall be used to comply with requirements of
this act and the revised school code that are applicable to intermediate districts, and for
which funding is not provided elsewhere in this act, and to provide technical assistance to
districts as authorized by the intermediate school board.
(2) Intermediate districts receiving funds under this section shall collaborate with
the department to develop expanded professional development opportunities for teachers to
update and expand their knowledge and skills needed to support the Michigan merit
curriculum.
(3) 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.
(4) 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) In order to receive funding under this section, an intermediate district shall do
all of the following:
(a) Demonstrate to the satisfaction of the department that the intermediate district
employs at least 1 person who is trained in pupil counting 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.
(6) If the amount of the allocation to
intermediate districts under subsection (1) is
reduced in a fiscal year after 2010-2011 from the amount of
that allocation for 2010-2011,
that reduced allocation shall not result in an intermediate
district's allocation being
less than the funding actually received by or paid on
behalf of the intermediate district
for the 1994-95 fiscal year under former section 146a(1)
and section 147(1), as those
sections were in effect for the 1994-95 fiscal year.
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 statewide longitudinal data system and
ensure that it meets the requirements of subsection (6)
(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 state budget director shall appoint a CEPI
advisory committee to provide
advice to the director. The CEPI advisory committee shall
consist of the following members:
(a) One representative from the house fiscal agency.
(b) One representative from the senate fiscal
agency.
(c) One representative from the state budget office.
(d) One representative from the state education
agency.
(e) One representative each from the department of
energy, labor, and economic growth
and the department of treasury.
(f) Three representatives from intermediate school
districts.
(g) One representative from each of the following
educational organizations:
(i) Michigan association of school boards.
(ii) Michigan association of school administrators.
(iii) Michigan school business officials.
(h) One representative representing private sector
firms responsible for auditing
school records.
(i) Other representatives as the state budget
director determines are necessary.
(4) The CEPI advisory committee appointed under
subsection (3) shall provide advice
to the director of the center regarding the management of
the center's data collection
activities, including, but not limited to:
(a) Determining what data is necessary to collect
and maintain in order to perform
the center's functions in the most efficient manner
possible.
(b) Defining the roles of all stakeholders in the
data collection system.
(c) Recommending timelines for the implementation
and ongoing collection of data.
(d) Establishing and maintaining data definitions,
data transmission protocols, and
system specifications and procedures for the efficient and
accurate transmission and
collection of data.
(e) Establishing and maintaining a process for
ensuring the reasonable accuracy of
the data.
(f) Establishing and maintaining state and model
local policies related to data
collection, including, but not limited to, privacy policies
related to individual student
data. These privacy policies shall ensure that a student's
social security number is not
released to the public for any purpose.
(g) Working with stakeholders to develop a state
research agenda.
(h) Other matters as determined by the state budget
director or the director of the
center.
(3) (5) The center may enter into any
interlocal agreements necessary to fulfill its
functions.
(4) (6) The center shall ensure that the
statewide 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) (7) From the general fund
appropriation in section 11 192(8) FOR STUDENT
ASSESSMENT AND
ACCOUNTABILITY, there is allocated an amount not to exceed $3,621,100.00 for
2010-2011 to the department of technology, management, and budget to
support the operations
of the center AND TO ESTABLISH a longitudinal data system as provided under this section in
compliance with the assurance provided to the federal department of education in order to
receive state fiscal stabilization
funds. In addition,
from the federal funds appropriated
in section 11 there is allocated for 2010-2011 the amount
necessary, estimated at
$10,067,800.00 for 2010-2011, to support the operations of
the center. The
center shall
cooperate with the state education agency 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) (8) From the federal funds allocated in
subsection (7) (5), there is allocated
for 2010-2011 an amount not to exceed $850,000.00 funded from the
competitive grants of
DED-OESE, title II, educational technology funds for the purposes of this subsection. Not
later than November 30 of each fiscal year, the department shall award a single grant to an
eligible partnership that includes an intermediate district with at least 1 high-need local
school district and the center.
(9) In addition to the amount allocated under
subsection (7) there is also allocated
from the general fund money appropriated in section 11 for
2010-2011 an additional amount
not to exceed $1,800,000.00 for the purpose of establishing
a longitudinal data system as
provided under this section in compliance with the
assurance provided to the federal
department of education in order to receive state fiscal
stabilization funds. In addition,
there is allocated for 2010-2011 from the state school aid
fund money appropriated under
section 11 an amount not to exceed $8,440,000.00 to support
the efforts of districts to
match individual teacher and student records. The funds
shall be distributed to districts
in an amount and manner determined by the center.
(10) From the federal funds allocated in
subsection (7), there is allocated for 2010-
2011 an amount not to exceed $242,000.00 to support the
efforts of postsecondary
institutions to comply with the requirements of this
state's statewide longitudinal data
system. The funds shall be distributed to postsecondary
institutions in an amount and
manner determined by the center.
(7) (11) The center and the department shall
work cooperatively to develop a cost
allocation plan that pays for center expenses from the appropriate federal fund and state
restricted fund revenues.
(8) (12) 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.
(9) (13) 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 (7) (5) to cover
the costs associated with salaries, benefits, supplies, materials, and equipment necessary
to provide such data, analysis, and reporting services.
(10) (14) As used in this section:
(a) "DED-OESE" means the United States department of education office of elementary
and secondary education.
(b) "High-need local school district" means a local educational agency as defined in
the enhancing education through technology part of the no child left behind act of 2001,
Public Law 107-110.
(c) "State education agency" means the department.
Sec. 98. (1) From the general fund money
appropriated APPROPRIATION in section 11
192(4) FOR STUDENT SUPPLEMENTAL SERVICES, there is
allocated an amount not to exceed
$1,687,500.00 for 2010-2011 to provide a grant to the Michigan
virtual university for the
development, implementation, and operation of the Michigan virtual high school; to provide
professional development opportunities for educators; and to fund other purposes described
in this section. In addition, from the federal funds
appropriated in section 11, there is
allocated for 2010-2011 an amount estimated at
$2,700,000.00.
(2) The Michigan virtual high school shall have the following goals:
(a) Significantly expand curricular offerings for high schools across this state
through agreements with districts or licenses from other recognized providers.
(b) Create statewide instructional models using interactive multimedia tools
delivered by electronic means, including, but not limited to, the internet, digital
broadcast, or satellite network, for distributed learning at the high school level.
(c) Provide pupils with opportunities to develop skills and competencies through
online learning.
(d) Grant high school diplomas through a dual enrollment method with districts.
(e) Act as a broker for college level equivalent courses, as defined in section 1471
of the revised school code, MCL 380.1471, and dual enrollment courses from postsecondary
education institutions.
(f) Maintain the accreditation status of the Michigan virtual high school from
recognized national and international accrediting entities.
(3) The Michigan virtual high school course offerings shall include, but are 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 that teach Michigan educators how to develop
and deliver online instructional services.
(4) From the federal funds allocated in subsection
(1), there is allocated for 2010-
2011 an amount estimated at $1,700,000.00 from DED-OESE, title II,
improving teacher
quality funds for a grant to the Michigan virtual university for the purpose of this
subsection. With the approval of the department, the Michigan virtual university shall
coordinate the following activities related to DED-OESE, title II, improving teacher
quality funds in accordance with federal law:
(a) Develop, and assist districts in the development and use of, proven, innovative
strategies to deliver intensive professional development programs that are both cost-
effective and easily accessible, such as strategies that involve delivery through the use
of technology, peer networks, and distance learning.
(b) Encourage and support the training of teachers and administrators to effectively
integrate technology into curricula and instruction.
(c) Coordinate the activities of eligible partnerships that include higher education
institutions for the purposes of providing professional development activities for
teachers, paraprofessionals, and principals as defined in federal law.
(d) Offer teachers opportunities to learn new skills and strategies for developing
and delivering instructional services.
(e) Provide online professional development opportunities for educators to update and
expand knowledge and skills needed to support the Michigan merit curriculum core content
standards and credit requirements.
(5) The Michigan virtual university shall offer at least 200 hours of online
professional development for classroom teachers under this section each fiscal year
beginning in 2006-2007 without charge to the teachers or to districts or intermediate
districts.
(6) From the federal funds appropriated in
subsection (1), there is allocated for
2010-2011 an amount estimated at $1,000,000.00 from the
DED-OESE, title II, educational
technology grant funds to support e-learning and virtual school initiatives consistent with
the goals contained in the United States national educational technology plan issued in
January 2005. These funds shall be used to support activities designed to build the
capacity of the Michigan virtual university and shall not be used to supplant other
funding. Not later than November 30, 2010 2011, from the funds allocated in
this
subsection, the department shall award a single grant of $1,000,000.00 to a consortium or
partnership established by the Michigan virtual university that meets the requirements of
this subsection. To be eligible for this funding, a consortium or partnership established
by the Michigan virtual university shall include at least 1 intermediate district and at
least 1 high-need local district. All of the following apply to this funding:
(a) An eligible consortium or partnership must demonstrate the following:
(i) Prior success in delivering online courses and instructional services to K-12
pupils throughout this state.
(ii) Expertise in designing, developing, and evaluating online K-12 course content.
(iii) Experience in maintaining a statewide help desk service for pupils, online
teachers, and other school personnel.
(iv) Knowledge and experience in providing technical assistance and support to K-12
schools in the area of online education.
(v) Experience in training and supporting K-12 educators in this state to teach
online courses.
(vi) Demonstrated technical expertise and capacity in managing complex technology
systems.
(vii) Experience promoting twenty-first century learning skills through the use of
online technologies.
(b) The Michigan virtual university, which operates the Michigan virtual high school,
shall perform the following tasks related to this funding:
(i) Strengthen its capacity by pursuing activities, policies, and practices that
increase the overall number of Michigan virtual high school course enrollments and course
completions by at-risk students.
(ii) Examine the curricular and specific course content needs of middle and high
school students in the areas of mathematics and science.
(iii) Design, develop, and acquire online courses and related supplemental resources
aligned to state standards to create a comprehensive and rigorous statewide catalog of
online courses and instructional services.
(iv) Continue to evaluate and conduct pilot programs for new and innovative online
tools, resources, and courses.
(v) Evaluate existing online teaching and learning practices and develop continuous
improvement strategies to enhance student achievement.
(vi) Develop, support, and maintain the technology infrastructure and related
software required to deliver online courses and instructional services to students
statewide.
(7) If a home-schooled or nonpublic school student is a resident of a district that
subscribes to services provided by the Michigan virtual high school, the student may use
the services provided by the Michigan virtual high school to the district without charge to
the student beyond what is charged to a district pupil using the same services.
(8) Not later than December 1, 2010, 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 high school for the
preceding state fiscal year:
(a) A list of the Michigan schools served by the Michigan virtual high school.
(b) A list of online course titles available to Michigan schools.
(c) The total number of online course enrollments
and information on registrations
and completions by course.
(d) The overall course completion rate percentage.
(e) A summary of DED-OESE, title IIA, teacher
quality grant and DED-OESE, title IID,
education technology grant expenditures.
(f) Identification of unmet educational needs that
could be addressed by the Michigan
virtual high school.
(8) (9) As used in this section:
(a) "DED-OESE" means the United States department of education office of elementary
and secondary education.
(b) "High-need local district" means a local educational agency as defined in the
enhancing education through technology part of the no child left behind act of 2001, Public
Law 107-110.
(c) "State education agency" means the department.
Sec. 99. (1) From the state school aid fund money
appropriated in section 11, there
is allocated an amount not to exceed $2,515,000.00 for
2010-2011 and from the general fund
appropriation in section 11 192(4) FOR STUDENT
SUPPLEMENTAL SERVICES, there is allocated an
amount not to exceed $110,000.00 for 2010-2011 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
192(4) FOR STUDENT SUPPLEMENTAL
SERVICES, there is allocated for 2010-2011 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 2009-2010 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 2009-2010 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 2010-2011 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) 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.
(8) Not later than September 30, 2013, the department shall reevaluate and update the
comprehensive master plan described in subsection (1).
(9) The department shall give preference in awarding the federal grants allocated in
subsection (1) to eligible existing mathematics and science centers.
(10) 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.
(11) 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.
(12) (11) 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, 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 seventh
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 act 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 act, 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 act 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 subsection (11), 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 act, 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) in order
to conduct a pilot study. 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 during the pilot study:
(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) 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) Not later than April 15 of each fiscal year, the board of each district shall
certify to the department the planned number of hours and days of pupil instruction in the
district for the school year ending in the fiscal year. 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 act 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 subsection (11), 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, for the fiscal year covered by 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.
(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 university. However, if a collective bargaining
agreement that provides more than 38 but not more than 51 hours of professional development
for teachers is in effect for employees of a district as of October 1, 2006, then until the
fiscal year that begins after the expiration of that collective bargaining agreement a
district may count up to 51 hours of qualifying professional development for teachers as
hours of pupil instruction. A district that elects to use this exception shall notify the
department of its election. 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) The department shall study the actual costs of providing distance learning or
other alternative instructional delivery that is being used in this state and shall report
on its findings to the house and senate fiscal agencies and the office of the state budget
not later than September 10, 2012. Upon request by the department, a school of excellence
described in subsection (11), the Michigan virtual university, or a school that receives a
seat time waiver from the department under this section shall submit to the department any
data requested by the department for the purposes of this study.
Sec. 104. (1) In order to receive state aid under this act, 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 APPROPRIATION in section 11 192(8) FOR STUDENT
ASSESSMENT AND ACCOUNTABILITY,
there is allocated for 2010-2011 an amount not to
exceed $40,194,400.00 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
192(8) FOR STUDENT ASSESSMENT
AND
ACCOUNTABILITY, there is allocated for 2010-2011 an amount estimated
at $3,250,000.00,
funded from DED-OESE, title VI, state assessments funds AND 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-OSERS" means the DED office of special education and rehabilitative
services.
(C) "DED-OESE" means the DED office of elementary and secondary education.
Sec. 107. (1) From the appropriation in section 11
192(4) FOR STUDENT SUPPLEMENTAL
SERVICES, there is allocated an amount not to exceed
$22,000,000.00 for 2010-2011 for adult
education programs authorized under this section. Funds appropriated
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), from
the amount allocated under
subsection (1), at least $21,800,000.00 shall be
distributed as follows:
(a) For districts and consortia that received
payments for 2009-2010 THE IMMEDIATELY
PRECEDING FISCAL YEAR under this section, the amount
allocated to each for 2010-2011 THE
CURRENT FISCAL YEAR shall be based on the number of participants served by the district or
consortium for 2010-2011 THE CURRENT FISCAL YEAR,
using the amount allocated per full-time
equated participant under subsection (7) (6), up to
a maximum total allocation under this
subsection in an amount equal to 100% of the amount the district or consortium received for
2009-2010 THE IMMEDIATELY PRECEDING FISCAL YEAR under this section
before any reallocations
made for 2009-2010 THE IMMEDIATELY PRECEDING FISCAL
YEAR under subsection (5).
(b) A district or consortium that received funding
in 2009-2010 THE IMMEDIATELY
PRECEDING FISCAL YEAR under this section may operate independently of a consortium or join
or form a consortium for 2010-2011 THE CURRENT FISCAL
YEAR. The allocation for 2010-2011
THE CURRENT FISCAL YEAR 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
2009-2010 THE IMMEDIATELY PRECEDING FISCAL YEAR. A district or
consortium described in this
subdivision shall notify the department of its intention
with regard to 2010-2011 THE
CURRENT FISCAL YEAR by October 1, 2010 OF THE
CURRENT FISCAL YEAR.
(c) If a district had a declaration of financial emergency in place under the local
government fiscal responsibility act, 1990 PA 72, MCL 141.1201 to 141.1291, and that
declaration was revoked during 2005, the district may operate a program under this section
independently of a consortium or may join or form a consortium to operate a program under
this section. The allocation for 2010-2011 THE
CURRENT FISCAL YEAR 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 2009-2010 THE
IMMEDIATELY PRECEDING FISCAL YEAR or, for
a district for which a declaration of financial emergency was revoked during 2005, based on
the amount the district received under this section using a 3-year average of the 3 most
recent fiscal years the district received funding under this section. A district or
consortium described in this subdivision shall notify the department of its intention with
regard to 2010-2011 THE CURRENT FISCAL YEAR by
October 1, 2010 OF THE CURRENT FISCAL YEAR.
(5) A district that operated an adult education program
in 2009-2010 THE IMMEDIATELY
PRECEDING FISCAL YEAR and does not intend to operate a
program in 2010-2011 THE CURRENT
FISCAL YEAR shall notify the department by October 1,
2010 OF THE CURRENT FISCAL YEAR of
its intention. The money intended to be allocated under this section to a district that
does not operate a program in 2010-2011 THE CURRENT
FISCAL YEAR 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 2010-2011 THE CURRENT FISCAL YEAR under
this section.
(6) From the amount allocated under subsection
(1), up to a maximum of $200,000.00
shall be allocated for not more than 1 grant not to exceed
$200,000.00 for expansion of an
existing innovative community college program that focuses
on educating adults. Grants may
be used for program operating expenses such as staffing,
rent, equipment, and other
expenses. To be eligible for this grant funding, a program
must meet the following
criteria:
(a) Collaborates with local districts and businesses
to determine area academic needs
and to promote the learning opportunities.
(b) Is located off-campus in an urban residential
setting with documented high
poverty and low high school graduation rates.
(c) Provides general educational development
(G.E.D.) test preparation courses and
workshops.
(d) Provides developmental courses taught by college
faculty that prepare students to
be successful in college-level courses.
(e) Uses learning communities to allow for shared,
rather than isolated, learning
experiences.
(f) Provides on-site tutoring.
(g) Provides access to up-to-date technology,
including personal computers.
(h) Partners with a financial institution to provide
financial literacy education.
(i) Assists students in gaining access to financial
aid.
(j) Provides on-site academic advising to students.
(k) Provides vouchers for reduced G.E.D. testing
costs.
(l) Partners with local agencies to provide
referrals for social services as needed.
(m) Enrolls participants as students of the
community college.
(n) Partners with philanthropic and business
entities to provide capital funding.
(6) (7) 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) (8) 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 (12)
(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) (9) 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 (12) (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) (10) 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 (12) (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) (11) 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) An individual may be enrolled in this program and the grant recipient shall
receive funding according to subsection (12) (11)
until 1 of the following occurs:
(i) The individual achieves the requisite skills as determined by department-approved
assessment instruments administered at least after every 90 hours of attendance.
(ii) The individual fails to show progress on 2 successive 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.
(11) (12) 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) (13) 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) (14) 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), or (11)
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) (15) An individual who is an inmate in a
state correctional facility shall not
be counted as a participant under this section.
(15) (16) 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) (17) 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) (18) 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) (19) 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) (20) As used in this section,
"department" means the department of energy,
labor, and economic growth.
Sec. 109. (1) Subject to subsection (2), in order to receive funds under this act,
each district or intermediate district shall provide appropriate instructional services, as
determined by the district or intermediate district, to an enrolled pupil who is certified
by the pupil's attending physician as having a medical condition that requires the pupil to
be hospitalized or confined to his or her home during regular school hours and that is
expected to require the hospitalization or confinement for a period longer than 5 school
days. The district or intermediate district may provide the services itself or may contract
with an intermediate district, a hospital, a treatment center, or another district to
provide the services. In choosing a provider for the instructional services, the district
or intermediate district shall consider which of those potential providers is best able to
deliver the appropriate instructional services. The district or intermediate district shall
pay reasonable costs as agreed upon between the district or intermediate district and the
provider for services provided to a pupil under this section.
(2) A district or intermediate district is required to provide instructional services
under subsection (1) to a pupil placed in a hospital, treatment center, or other treatment
facility without the district's or intermediate district's prior knowledge only if the
district or intermediate district is notified of the pupil's placement by the hospital,
treatment center, facility, or the pupil's parent or legal guardian. Upon being notified,
the district or intermediate district shall make arrangements to provide instructional
services under subsection (1) within 3 school days after being notified.
(3) Not later than October 15 of each odd
numbered year, the THE department shall
prepare and distribute to each district and intermediate
district MAINTAIN ON ITS WEBSITE a
written explanation of the operation of this section and the respective duties of all
affected parties. The department shall provide a copy of
the explanation to any other
person upon request.
Sec. 147. The allocation for 2010-2011
2011-2012 AND 2012-2013 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 entry age normal cost
actuarial method and risk assumptions adopted by the public school employees retirement
board and the department of technology, management, and budget. FOR PUBLIC SCHOOL EMPLOYEES
WHO FIRST WORKED FOR A PUBLIC SCHOOL REPORTING UNIT PRIOR TO JULY 1, 2010, The THE annual
level percentage of payroll contribution rate is estimated
at 19.41% 15.96% FOR PENSION AND
8.50% FOR RETIREE HEALTH CARE for the 2010-2011 2011-2012 state fiscal year. 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 14.73% FOR
PENSION AND 8.50% FOR RETIREE HEALTH CARE FOR THE 2011-2012 STATE FISCAL YEAR. FOR PUBLIC
SCHOOL EMPLOYEES WHO FIRST WORKED FOR A PUBLIC SCHOOL REPORTING UNIT PRIOR TO JULY 1, 2010,
THE ANNUAL LEVEL PERCENTAGE OF PAYROLL CONTRIBUTION RATE IS ESTIMATED AT 18.62% FOR PENSION
AND 8.75% FOR RETIREE HEALTH CARE FOR THE 2012-2013 STATE FISCAL YEAR. 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 17.39% FOR PENSION AND
8.75% FOR RETIREE HEALTH CARE FOR THE 2012-2013 STATE FISCAL YEAR. The portion of the
contribution rate assigned to districts and intermediate districts for each fiscal year is
all of the total percentage points. This contribution rate reflects an amortization period
of 27 26 years for 2010-2011 2011-2012 AND 2012-2013. However, the contribution rate for
2010-2011 may be reduced by an amount approved by the
public school employees' retirement
system board if reforms in the public school employees'
retirement system are enacted and
in effect by December 31, 2010. 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. 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 APPROPRIATION in section 11
192(8) FOR STUDENT
ASSESSMENT AND
ACCOUNTABILITY there is allocated for 2010-2011 an amount not to
exceed
$25,624,500.00 to be used solely for the purpose of paying necessary
costs related to the
state-mandated collection, maintenance, and reporting of data to this state.
(2) From the allocation in subsection (1), the department shall make payments to
districts and intermediate districts in an equal amount per pupil based on the total number
of pupils in membership in each district and intermediate district. The department shall
not make any adjustment to these payments after the final installment payment under section
17b is made.
SEC. 173A. THE MONEY APPROPRIATED IN SECTION 193 IS APPROPRIATED FOR COMMUNITY
COLLEGES WITH FISCAL YEARS ENDING JUNE 30, 2012 AND SHALL BE PAID OUT OF THE STATE TREASURY
AND DISTRIBUTED BY THE STATE TREASURER TO THE RESPECTIVE COMMUNITY COLLEGES IN 11 MONTHLY
INSTALLMENTS ON THE SIXTEENTH OF EACH MONTH, OR THE NEXT SUCCEEDING BUSINESS DAY, BEGINNING
WITH OCTOBER 16, 2011. EACH COMMUNITY COLLEGE SHALL ACCRUE ITS JULY AND AUGUST 2011
PAYMENTS TO ITS INSTITUTIONAL FISCAL YEAR ENDING JUNE 30, 2011. HOWEVER, IF A COMMUNITY
COLLEGE FAILS TO SUBMIT ALL VERIFIED MICHIGAN COMMUNITY COLLEGES ACTIVITIES CLASSIFICATION
STRUCTURE DATA FOR SCHOOL YEAR 2010-2011 TO THE DEPARTMENT OF ENERGY, LABOR, AND ECONOMIC
GROWTH BY NOVEMBER 1, 2011, THE MONTHLY INSTALLMENTS SHALL BE WITHHELD FROM THAT COMMUNITY
COLLEGE UNTIL THOSE DATA ARE SUBMITTED. THE AMOUNT FROM THE MONEY APPROPRIATED IN SECTION
193 THAT IS ALLOCATED TO ADDRESS THE SPECIAL NEEDS OF AT-RISK STUDENTS SHALL BE PAID IN
FULL BY THE STATE TREASURER BY NOVEMBER 1, 2011. THE AMOUNT DISTRIBUTED TO A COMMUNITY
COLLEGE OR DEPARTMENT SHALL NOT EXCEED THE NET STATE ALLOCATION AUTHORIZED BY THIS ACT.
SEC. 173B. (1) A COMMUNITY COLLEGE SHALL PAY THE EMPLOYER'S CONTRIBUTIONS TO THE
MICHIGAN PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM CREATED BY THE PUBLIC SCHOOL EMPLOYEES
RETIREMENT ACT OF 1979, 1980 PA 300, MCL 38.1301 TO 38.1408, AS A CONDITION OF RECEIVING
MONEY APPROPRIATED UNDER SECTION 193.
(2) A COMMUNITY COLLEGE SHALL NOT PAY AN EMPLOYER'S CONTRIBUTION TO MORE THAN 1
RETIREMENT FUND PROVIDING BENEFITS FOR AN EMPLOYEE.
SEC. 173C. MONEY APPROPRIATED IN SECTION 193 SHALL NOT BE USED TO PAY FOR THE
CONSTRUCTION OR MAINTENANCE OF A SELF-LIQUIDATING PROJECT.
SEC. 174A. UNLESS OTHERWISE STATED, ALL DATA ITEMS USED IN DETERMINING STATE AID IN
THIS ACT ARE AS DEFINED IN THE "2001 MANUAL FOR UNIFORM FINANCIAL REPORTING, MICHIGAN
PUBLIC COMMUNITY COLLEGES," WHICH SHALL BE THE BASIS FOR REPORTING DATA, AND THE
"ACTIVITIES CLASSIFICATION STRUCTURE MANUAL FOR MICHIGAN COMMUNITY COLLEGES," AS AMENDED,
WHICH SHALL BE USED TO DOCUMENT FINANCIAL NEEDS OF THE COMMUNITY COLLEGES.
SEC. 174B. A COMMUNITY COLLEGE SHALL NOT INCLUDE IN THE ENROLLMENT DATA REPORTED FOR
DETERMINING STATE AID UNDER THIS ACT ANY STUDENT CREDIT HOURS OR STUDENT CONTACT HOURS FOR
A STUDENT INCARCERATED IN A MICHIGAN PENAL INSTITUTION. EXCLUSION OF THESE STUDENTS IS
INTENDED TO AVOID THE PAYMENT OF STATE AID UNDER THIS ACT FOR THE SAME INDIVIDUALS FOR WHOM
REIMBURSEMENT IS PROVIDED BY THE STATE CORRECTIONAL SYSTEM.
SEC. 175A. (1) FUNDING FOR THE COMMUNITY COLLEGE AT-RISK STUDENT SUCCESS PROGRAM
SHALL BE PRORATED AMONG COMMUNITY COLLEGES BASED ON THE NUMBER OF STUDENT CONTACT HOURS FOR
DEVELOPMENTAL AND PREPARATORY INSTRUCTION REPORTED BY EACH COMMUNITY COLLEGE TO THE
DEPARTMENT OF ENERGY, LABOR, AND ECONOMIC GROWTH PURSUANT TO THE "ACTIVITIES CLASSIFICATION
STRUCTURE MANUAL FOR MICHIGAN COMMUNITY COLLEGES," AS AMENDED. OF THE AMOUNT APPROPRIATED
IN SECTION 193 FOR THE AT-RISK STUDENT SUCCESS PROGRAM, $1,120,000.00 IS ALLOCATED FOR BASE
GRANTS OF $40,000.00 EACH, TO ADDRESS THE SPECIAL NEEDS OF AT-RISK STUDENTS AT COMMUNITY
COLLEGES.
(2) OF THE AMOUNT APPROPRIATED IN SECTION 193 FOR THE AT-RISK STUDENT SUCCESS
PROGRAM, THE BALANCE OF THE APPROPRIATED MONEY SHALL BE DISTRIBUTED ON A PRORATION
UTILIZING THE SUM OF THE MOST RECENT 3 YEARS' DEVELOPMENTAL/PREPARATORY CONTACT HOURS
DIVIDED BY THE SUM OF THE 3-YEAR TOTAL CONTACT HOURS AT EACH COLLEGE. EACH COMMUNITY
COLLEGE'S PERCENTAGE SHALL BE DIVIDED BY THE SUM OF ALL THE PERCENTAGES SYSTEMWIDE TO
OBTAIN EACH COMMUNITY COLLEGE'S PRORATED GRANT AMOUNT.
(3) FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2012, THE AT-RISK STUDENT SUCCESS
PROGRAM MONEY IS ALLOCATED AS FOLLOWS:
ALPENA COMMUNITY COLLEGE.............................................. $ 79,500
BAY DE NOC COMMUNITY COLLEGE.......................................... 89,600
DELTA COLLEGE......................................................... 106,600
GLEN OAKS COMMUNITY COLLEGE........................................... 100,100
GOGEBIC COMMUNITY COLLEGE............................................. 55,300
GRAND RAPIDS COMMUNITY COLLEGE........................................ 136,000
HENRY FORD COMMUNITY COLLEGE.......................................... 186,200
JACKSON COMMUNITY COLLEGE............................................. 162,100
KALAMAZOO VALLEY COMMUNITY COLLEGE.................................... 87,800
KELLOGG COMMUNITY COLLEGE............................................. 131,000
KIRTLAND COMMUNITY COLLEGE............................................ 123,600
LAKE MICHIGAN COLLEGE................................................. 145,200
LANSING COMMUNITY COLLEGE............................................. 141,600
MACOMB COMMUNITY COLLEGE.............................................. 79,500
MID MICHIGAN COMMUNITY COLLEGE........................................ 128,500
MONROE COUNTY COMMUNITY COLLEGE....................................... 98,700
MONTCALM COMMUNITY COLLEGE............................................ 66,100
C.S. MOTT COMMUNITY COLLEGE........................................... 138,700
MUSKEGON COMMUNITY COLLEGE............................................ 96,100
NORTH CENTRAL MICHIGAN COLLEGE........................................ 104,000
NORTHWESTERN MICHIGAN COLLEGE......................................... 134,300
OAKLAND COMMUNITY COLLEGE............................................. 141,900
ST. CLAIR COUNTY COMMUNITY COLLEGE.................................... 88,800
SCHOOLCRAFT COLLEGE................................................... 121,500
SOUTHWESTERN MICHIGAN COLLEGE......................................... 162,600
WASHTENAW COMMUNITY COLLEGE........................................... 109,700
WAYNE COUNTY COMMUNITY COLLEGE........................................ 172,500
WEST SHORE COMMUNITY COLLEGE.......................................... 135,200
(4) AS USED IN THIS SECTION, "AT-RISK STUDENTS" MEANS STUDENTS WHO MEET 1 OR MORE OF
THE FOLLOWING CRITERIA:
(A) ARE INITIALLY PLACED IN 1 OR MORE DEVELOPMENTAL COURSES AS A RESULT OF
STANDARDIZED TESTING OR AS A RESULT OF FAILURE TO MAKE SATISFACTORY ACADEMIC PROGRESS.
(B) ARE DIAGNOSED AS LEARNING DISABLED.
(C) REQUIRE ENGLISH AS A SECOND LANGUAGE (ESL) ASSISTANCE.
(5) GRANT FUNDING UNDER THIS SECTION SHALL BE UTILIZED TO ADDRESS THE SPECIAL NEEDS
OF AT-RISK STUDENTS. ACTIVITIES RELATED TO SERVICES PROVIDED TO AT-RISK STUDENTS INCLUDE,
BUT ARE NOT LIMITED TO, PRETESTING FOR ACADEMIC ABILITY, COUNSELING CONTACTS, AND SPECIAL
PROGRAMS. EQUIPMENT OR INFORMATION TECHNOLOGY HARDWARE OR SOFTWARE PURCHASED UNDER THIS
SECTION MUST BE ASSOCIATED WITH THE OPERATION OF A PROGRAM DESIGNED TO ADDRESS THE NEEDS OF
AT-RISK STUDENTS.
(6) GRANT FUNDING UNDER THIS SECTION SHALL NOT BE USED FOR INDIRECT COSTS INCLUDING,
BUT NOT LIMITED TO, RENT, UTILITIES, OR, EXCEPT AS PROVIDED IN THIS SECTION, COLLEGE
ADMINISTRATION.
(7) EACH COMMUNITY COLLEGE SHALL REPORT TO THE DEPARTMENT OF ENERGY, LABOR, AND
ECONOMIC GROWTH A SUMMARY OF ALL ACCOMPLISHMENTS UNDER, EXPENDITURES FOR, AND COMPLIANCE
WITH THE INTENT OF THIS PROGRAM, INCLUDING THE NUMBER OF AT-RISK STUDENTS SERVED. THE
REPORT IS SUBJECT TO AUDIT AS PROVIDED FOR IN SECTION 176A. THE REPORT SHALL BE SUBMITTED
NOT LATER THAN 90 DAYS AFTER THE END OF THE STATE'S FISCAL YEAR.
SEC. 175B. A COMMUNITY COLLEGE RECEIVING FUNDS UNDER THIS ACT SHALL COOPERATE WITH
THE STATE TO COMPLY WITH THE PROVISIONS OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF
2009, PUBLIC LAW 111-5, REQUIRING THE ESTABLISHMENT OF A STATEWIDE P-20 LONGITUDINAL DATA
SYSTEM.
SEC. 176A. (1) THE AUDITOR GENERAL OR A CERTIFIED PUBLIC ACCOUNTANT APPOINTED BY THE
AUDITOR GENERAL MAY CONDUCT PERFORMANCE AUDITS OF COMMUNITY COLLEGES AS THE AUDITOR GENERAL
CONSIDERS NECESSARY.
(2) NOT MORE THAN 60 DAYS AFTER AN AUDIT REPORT IS RELEASED BY THE OFFICE OF THE
AUDITOR GENERAL, THE PRINCIPAL EXECUTIVE OFFICER OF THE COMMUNITY COLLEGE THAT WAS AUDITED
SHALL SUBMIT TO THE HOUSE AND SENATE APPROPRIATIONS COMMITTEES, THE HOUSE AND SENATE FISCAL
AGENCIES, THE DEPARTMENT OF ENERGY, LABOR, AND ECONOMIC GROWTH, THE AUDITOR GENERAL, AND
THE STATE BUDGET DIRECTOR A PLAN TO COMPLY WITH AUDIT RECOMMENDATIONS. THE PLAN SHALL
CONTAIN PROJECTED DATES AND RESOURCES REQUIRED, IF ANY, TO ACHIEVE COMPLIANCE WITH THE
AUDIT RECOMMENDATIONS, OR A DOCUMENTED EXPLANATION OF THE COLLEGE'S NONCOMPLIANCE WITH THE
AUDIT RECOMMENDATIONS CONCERNING THE MATTERS ON WHICH THE AUDITED COMMUNITY COLLEGE AND
OFFICE OF THE AUDITOR GENERAL DISAGREE.
SEC. 176B. (1) A COMMUNITY COLLEGE SHALL RETAIN CERTIFIED CLASS SUMMARIES, CLASS
LISTS, REGISTRATION DOCUMENTS, AND STUDENT TRANSCRIPTS THAT ARE CONSISTENT WITH THE
TAXONOMY OF COURSES. FOR EACH ENROLLMENT PERIOD DURING THE FISCAL YEAR, THESE CERTIFIED
DOCUMENTS SHALL IDENTIFY CLEARLY BY COURSE THE NUMBER OF IN-DISTRICT AND OUT-OF-DISTRICT
STUDENT CREDIT AND CONTACT HOURS. THE CLASS SUMMARIES AND CLASS LISTS SHALL BE CONSISTENT
WITH EACH OTHER AND SHALL INCLUDE THE COURSE PREFIX AND NUMBERS, COURSE TITLE, COURSE
CREDIT AND CONTACT HOURS, CREDIT AND CONTACT HOURS GENERATED BY EACH STUDENT, AND ACTIVITY
CLASSIFICATIONS CONSISTENT WITH THE TAXONOMY. AN AUDITABLE PROCESS SHALL BE USED BY THE
COMMUNITY COLLEGE TO DETERMINE THE UNDUPLICATED HEAD COUNT FOR IN-DISTRICT STUDENTS, OUT-
OF-DISTRICT STUDENTS, AND PRISONERS FOR EACH ENROLLMENT PERIOD DURING THE FISCAL YEAR.
(2) CONTRACTS BETWEEN THE COMMUNITY COLLEGE AND AGENCIES THAT REIMBURSE THE COMMUNITY
COLLEGE FOR THE COSTS OF INSTRUCTION SHALL BE RETAINED FOR AUDIT PURPOSES.
SEC. 176C. EACH COMMUNITY COLLEGE SHALL HAVE AN ANNUAL AUDIT OF ALL INCOME AND
EXPENDITURES PERFORMED BY AN INDEPENDENT AUDITOR AND SHALL FURNISH THE INDEPENDENT
AUDITOR'S MANAGEMENT LETTER AND AN ANNUAL AUDITED ACCOUNTING OF ALL GENERAL AND CURRENT
FUNDS INCOME AND EXPENDITURES INCLUDING AUDITS OF COLLEGE FOUNDATIONS TO THE MEMBERS OF THE
SENATE AND HOUSE APPROPRIATIONS SUBCOMMITTEES ON COMMUNITY COLLEGES, THE SENATE AND HOUSE
FISCAL AGENCIES, THE AUDITOR GENERAL, THE DEPARTMENT OF ENERGY, LABOR, AND ECONOMIC GROWTH,
AND THE STATE BUDGET DIRECTOR BEFORE NOVEMBER 15 EACH YEAR. IF A COMMUNITY COLLEGE FAILS TO
FURNISH THE AUDIT MATERIALS, THE MONTHLY STATE AID INSTALLMENTS SHALL BE WITHHELD FROM THAT
COLLEGE UNTIL THE INFORMATION IS SUBMITTED. ALL REPORTING SHALL CONFORM TO THE REQUIREMENTS
SET FORTH IN THE "2001 MANUAL FOR UNIFORM FINANCIAL REPORTING, MICHIGAN PUBLIC COMMUNITY
COLLEGES."
SEC. 176D. (1) EACH COMMUNITY COLLEGE SHALL REPORT THE FOLLOWING TO THE DEPARTMENT OF
ENERGY, LABOR, AND ECONOMIC GROWTH NO LATER THAN NOVEMBER 1 EACH YEAR.
(A) THE NUMBER OF NORTH AMERICAN INDIAN STUDENTS ENROLLED EACH TERM FOR THE PREVIOUS
FISCAL YEAR, USING GUIDELINES AND PROCEDURES DEVELOPED BY THE DEPARTMENT OF ENERGY, LABOR,
AND ECONOMIC GROWTH AND THE MICHIGAN COMMISSION ON INDIAN AFFAIRS.
(B) THE NUMBER OF NORTH AMERICAN INDIAN TUITION WAIVERS GRANTED EACH TERM, AND THE
MONETARY VALUE OF THE WAIVERS FOR THE PREVIOUS FISCAL YEAR.
(2) COLLEGES SHALL USE THE CRITERIA CITED IN 1976 PA 174, MCL 390.1251 TO 390.1253,
TO DETERMINE ELIGIBILITY FOR TUITION WAIVERS, AND SHALL GRANT THOSE WAIVERS TO INDIVIDUALS
WHO MEET THE CRITERIA AND REQUEST TUITION WAIVERS.
SEC. 176E. UPON REQUEST, A COMMUNITY COLLEGE SHALL INFORM INTERESTED MICHIGAN HIGH
SCHOOLS OF THE AGGREGATE ACADEMIC STATUS OF ITS STUDENTS FOR THE PRIOR ACADEMIC YEAR, IN A
MANNER PRESCRIBED BY THE MICHIGAN COMMUNITY COLLEGE ASSOCIATION AND IN COOPERATION WITH THE
MICHIGAN ASSOCIATION OF SECONDARY SCHOOL PRINCIPALS.
SEC. 176F. EACH COMMUNITY COLLEGE SHALL REPORT TO THE HOUSE AND SENATE FISCAL
AGENCIES, THE STATE BUDGET DIRECTOR, AND THE DEPARTMENT OF ENERGY, LABOR, AND ECONOMIC
GROWTH BY AUGUST 31, 2011, THE TUITION AND MANDATORY FEES PAID BY A FULL-TIME IN-DISTRICT
STUDENT AND A FULL-TIME OUT-OF-DISTRICT STUDENT AS ESTABLISHED BY THE COLLEGE GOVERNING
BOARD FOR THE 2011-2012 ACADEMIC YEAR. THIS REPORT SHOULD ALSO INCLUDE THE ANNUAL COST OF
ATTENDANCE BASED ON A FULL-TIME COURSE LOAD OF 30 CREDITS. EACH COMMUNITY COLLEGE SHALL
ALSO REPORT ANY REVISIONS TO THE REPORTED 2011-2012 ACADEMIC YEAR TUITION AND MANDATORY
FEES ADOPTED BY THE COLLEGE GOVERNING BOARD TO THE HOUSE AND SENATE FISCAL AGENCIES, THE
STATE BUDGET DIRECTOR, AND THE DEPARTMENT OF ENERGY, LABOR, AND ECONOMIC GROWTH WITHIN 15
DAYS OF BEING ADOPTED.
SEC. 176G. EACH COMMUNITY COLLEGE SHALL REPORT TO THE DEPARTMENT OF ENERGY, LABOR,
AND ECONOMIC GROWTH THE NUMBERS AND TYPE OF ASSOCIATE DEGREES AND OTHER CERTIFICATES
AWARDED DURING THE PREVIOUS FISCAL YEAR. THE REPORT SHALL BE MADE NOT LATER THAN NOVEMBER
15 EACH YEAR.
SEC. 181A. AS USED IN THIS ACT, "RESEARCH UNIVERSITY" MEANS A PUBLIC UNIVERSITY
CLASSIFIED AS A "RESEARCH UNIVERSITY (VERY HIGH RESEARCH ACTIVITY)" UNDER THE 2010
CLASSIFICATION OF INSTITUTIONS OF HIGHER EDUCATION CONDUCTED BY THE CARNEGIE FOUNDATION FOR
THE ADVANCEMENT OF TEACHING.
SEC. 181B. (1) THE FUNDS APPROPRIATED IN SECTION 194 TO PUBLIC UNIVERSITIES SHALL BE
PAID OUT OF THE STATE TREASURY AND DISTRIBUTED BY THE STATE TREASURER TO THE RESPECTIVE
INSTITUTIONS IN 11 EQUAL MONTHLY INSTALLMENTS ON THE SIXTEENTH OF EACH MONTH, OR THE NEXT
SUCCEEDING BUSINESS DAY, BEGINNING WITH OCTOBER 16, 2011. EXCEPT FOR WAYNE STATE
UNIVERSITY, EACH INSTITUTION SHALL ACCRUE ITS JULY AND AUGUST 2012 PAYMENTS TO ITS
INSTITUTIONAL FISCAL YEAR ENDING JUNE 30, 2012.
(2) ALL PUBLIC UNIVERSITIES SHALL SUBMIT HIGHER EDUCATION INSTITUTIONAL DATA
INVENTORY (HEIDI) DATA AND ASSOCIATED FINANCIAL AND PROGRAM INFORMATION REQUESTED BY AND IN
A MANNER PRESCRIBED BY THE STATE BUDGET DIRECTOR. FOR PUBLIC UNIVERSITIES WITH FISCAL YEARS
ENDING JUNE 30, 2011, THESE DATA SHALL BE SUBMITTED TO THE STATE BUDGET DIRECTOR BY OCTOBER
15, 2011. PUBLIC UNIVERSITIES WITH A FISCAL YEAR ENDING SEPTEMBER 30, 2011 SHALL SUBMIT
PRELIMINARY HEIDI DATA BY NOVEMBER 15, 2011 AND FINAL DATA BY DECEMBER 15, 2011. IF A
PUBLIC UNIVERSITY FAILS TO SUBMIT HEIDI DATA AND ASSOCIATED FINANCIAL AID PROGRAM
INFORMATION IN ACCORDANCE WITH THIS REPORTING SCHEDULE, THE STATE TREASURER SHALL WITHHOLD
THE MONTHLY INSTALLMENTS UNDER SUBSECTION (1) TO THE PUBLIC UNIVERSITY UNTIL THOSE DATA ARE
SUBMITTED.
SEC. 181C. FUNDS RECEIVED BY THE STATE FROM THE FEDERAL GOVERNMENT OR PRIVATE SOURCES
FOR THE USE OF A COLLEGE OR UNIVERSITY ARE APPROPRIATED FOR THE PURPOSES FOR WHICH THEY ARE
PROVIDED.
SEC. 181D. A PUBLIC UNIVERSITY THAT RECEIVES FUNDS UNDER THIS ACT SHALL FURNISH ALL
PROGRAM AND FINANCIAL INFORMATION THAT IS REQUIRED BY AND IN A MANNER PRESCRIBED BY THE
STATE BUDGET DIRECTOR OR THE HOUSE OR SENATE APPROPRIATIONS COMMITTEE.
SEC. 181E. A PUBLIC UNIVERSITY RECEIVING FUNDS IN SECTION 194 SHALL COOPERATE WITH
ALL MEASURES TAKEN BY THE STATE TO ESTABLISH A STATEWIDE P-20 EDUCATIONAL LONGITUDINAL DATA
SYSTEM TO COMPLY WITH THE STATE FISCAL STABILIZATION FUND PROVISIONS OF THE AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009, PUBLIC LAW 111-5.
SEC. 182A. (1) INCLUDED IN THE APPROPRIATION IN SECTION 194 IS FUNDING FOR THE
PATHWAY TO HIGHER EDUCATION GRANTS WHICH SHALL BE ADMINISTERED BY THE DEPARTMENT OF
TREASURY.
(2) THE PATHWAY TO HIGHER EDUCATION GRANTS SHALL BE PAID TO FINANCIALLY NEEDY
MICHIGAN UNDERGRADUATE STUDENTS ATTENDING A MICHIGAN PUBLIC OR INDEPENDENT COLLEGE OR
UNIVERSITY. THE DEPARTMENT OF TREASURY SHALL ANNUALLY ESTABLISH FINANCIAL NEED BASED UPON
THE FEDERAL METHODOLOGY FOR DETERMINING THE EXPECTED FAMILY CONTRIBUTION (EFC) TOWARD
EDUCATION COSTS USING INFORMATION PROVIDED IN THE STUDENT’S FREE APPLICATION FOR FEDERAL
STUDENT AID (FAFSA). FOR ACADEMIC YEAR 2011-2012 AN EFC OF $3,800 OR LESS SHALL QUALIFY AN
OTHERWISE ELIGIBLE STUDENT FOR A PATHWAY TO HIGHER EDUCATION GRANT. THE EFC SHALL BE
ADJUSTED ANNUALLY BY THE DEPARTMENT OF TREASURY TO ENSURE ELIGIBILITY OF STUDENTS IS BASED
ON COMPARABLE ADJUSTED GROSS INCOME REPORTED ON FAFSA SUBMISSIONS.
(3) IN ADDITION TO THE FINANCIAL NEED DETERMINATION MADE UNDER SUBSECTION 2, TO
RECEIVE A PATHWAY TO HIGHER EDUCATION GRANT THE STUDENT MUST MEET THE FOLLOWING ADDITIONAL
REQUIREMENTS:
(A) IS A CITIZEN OF THE UNITED STATES AS DEFINED ON THE FAFSA AND IS A MICHIGAN
RESIDENT.
(B) IS NOT INCARCERATED IN A CORRECTIONAL INSTITUTION.
(C) HAS GRADUATED FROM HIGH SCHOOL OR PASSED THE GENERAL EDUCATIONAL DEVELOPMENT
(GED) TEST OR ANY OTHER HIGH SCHOOL GRADUATE EQUIVALENCY EXAMINATION APPROVED BY THE STATE
BOARD OF EDUCATION WITHIN THE 4-YEAR PERIOD PRECEDING THE DATE OF THE STUDENT’S APPLICATION
TO RECEIVE HIS OR HER PATHWAY TO HIGHER EDUCATION GRANT, OR IF THE STUDENT BECOMES A MEMBER
OF THE UNITED STATES ARMED FORCES OR PEACE CORPS DURING THIS 4-YEAR PERIOD AND SERVES FOR 4
YEARS OR LESS, THE 4-YEAR PERIOD IS EXTENDED BY A PERIOD EQUAL TO THE NUMBER OF DAYS THE
STUDENT SERVED AS A MEMBER OF THE UNITED STATES ARMED FORCES OR PEACE CORPS. THE DEPARTMENT
OF TREASURY MAY ALSO EXTEND THE 4-YEAR PERIOD IF THE DEPARTMENT DETERMINES THAT AN
EXTENSION IS WARRANTED BECAUSE OF AN ILLNESS, DISABILITY, OR OTHER FAMILY EMERGENCY OF THE
STUDENT OR IN THE STUDENT’S IMMEDIATE FAMILY.
(D) HAS TAKEN THE MICHIGAN MERIT EXAMINATION.
(E) IS ENROLLED AT LEAST HALF-TIME IN A DEGREE OR CERTIFICATE GRANTING PROGRAM AT A
MICHIGAN POSTSECONDARY INSTITUTION THAT IS AN ACCREDITED INSTITUTION AS DEFINED BY 2005 PA
100, MCL 390.1601 TO 390.1605.
(F) HAS NOT YET RECEIVED A BACCALAUREATE DEGREE.
(G) HAS A QUALIFYING FAFSA THAT WAS RECEIVED BY MARCH 1 PRECEDING THE START OF THE
ACADEMIC YEAR.
(H) MAINTAINS SATISFACTORY ACADEMIC PROGRESS AS DETERMINED BY THE POSTSECONDARY
INSTITUTION.
(I) IS NOT ENROLLED IN AN INSTITUTION WHOSE PRIMARY PURPOSE IS TO PREPARE STUDENTS
FOR ORDINATION OR APPOINTMENT AS A MEMBER OF THE CLERGY OF A CHURCH, DENOMINATION, OR
RELIGIOUS ASSOCIATION, ORDER, OR SECT.
(J) HAS NOT RECEIVED FINANCIAL ASSISTANCE UNDER THE TUITION INCENTIVE PROGRAM.
(K) MEETS ANY ADDITIONAL ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE DEPARTMENT OF
TREASURY.
(4) AWARDS SHALL BE MADE TO STUDENTS WHO APPLY AND QUALIFY AFTER MARCH 1 AS FUNDS
PERMIT.
(5) A STUDENT WHO REMAINS ELIGIBLE MUST APPLY ANNUALLY BY SUBMITTING A FAFSA AND MAY
RECEIVE A PATHWAY TO HIGHER EDUCATION GRANT FOR NO MORE THAN 10 SEMESTERS OR ITS EQUIVALENT
IN TRIMESTERS OR QUARTERS OF UNDERGRADUATE EDUCATION, OR THE EQUIVALENT AS DETERMINED BY
THE DEPARTMENT OF TREASURY FOR LESS THAN FULL-TIME STUDENTS.
(6) THE DEPARTMENT OF TREASURY SHALL DETERMINE THE ANNUAL MAXIMUM AMOUNT OF A PATHWAY
TO HIGHER EDUCATION GRANT AND SHALL ESTABLISH A PROPORTIONAL AWARD AMOUNT FOR RECIPIENTS
ENROLLED LESS THAN FULL-TIME IN A GIVEN SEMESTER OR TERM THAT ENSURES THAT THE AGGREGATE
PAYMENTS DO NOT EXCEED THE APPROPRIATION CONTAINED IN SECTION 194(6) FOR THE PROGRAM. IF
THE FUNDS ARE INSUFFICIENT TO PAY ALL AWARDS, THE DEPARTMENT OF TREASURY SHALL PRORATE THE
AWARDS AND NOTIFY THE HOUSE AND SENATE FISCAL AGENCIES AND THE STATE BUDGET DIRECTOR OF
THIS PRORATION.
SEC. 182B. THE AUDITOR GENERAL MAY AUDIT SELECTED ENROLLMENTS, DEGREES, AND AWARDS AT
SELECTED INDEPENDENT COLLEGES AND UNIVERSITIES RECEIVING AWARDS ADMINISTERED BY THE
DEPARTMENT OF TREASURY. THE AUDITS SHALL BE BASED UPON DEFINITIONS AND REQUIREMENTS
ESTABLISHED BY THE DEPARTMENT OF TREASURY, THE STATE BUDGET DIRECTOR, AND THE SENATE AND
HOUSE FISCAL AGENCIES. THE AUDITOR GENERAL SHALL ACCEPT THE FREE APPLICATION FOR FEDERAL
STUDENT AID (FAFSA) FORM AS THE STANDARD OF RESIDENCY DOCUMENTATION.
SEC. 182C. THE SUMS APPROPRIATED IN SECTION 194 FOR THE STUDENT FINANCIAL AID
PROGRAMS SHALL BE PAID OUT OF THE STATE TREASURY AND SHALL BE DISTRIBUTED TO THE RESPECTIVE
INSTITUTIONS UNDER A QUARTERLY PAYMENT SYSTEM AS FOLLOWS:
(A) FOR THE PATHWAY TO HIGHER EDUCATION GRANT PROGRAM, 40% SHALL BE PAID AT THE
BEGINNING OF THE STATE'S FIRST FISCAL QUARTER, 40% AT THE BEGINNING OF THE STATE'S SECOND
FISCAL QUARTER, 10% AT THE BEGINNING OF THE STATE'S THIRD FISCAL QUARTER, AND 10% AT THE
BEGINNING OF THE STATE'S FOURTH FISCAL QUARTER.
(B) FOR THE ROBERT C. BYRD HONORS SCHOLARSHIP PROGRAM, 50% SHALL BE PAID AT THE
BEGINNING OF THE STATE'S FIRST FISCAL QUARTER AND 50% AT THE BEGINNING OF THE STATE'S
SECOND FISCAL QUARTER.
(C) FOR THE TUITION INCENTIVE PROGRAM, 50% SHALL BE PAID AT THE BEGINNING OF THE
STATE’S FIRST FISCAL QUARTER AND 50% AT THE BEGINNING OF THE STATE’S SECOND FISCAL QUARTER.
SEC. 182D. (1) THE FUNDS APPROPRIATED IN SECTION 194(6) FOR THE TUITION INCENTIVE
PROGRAM SHALL BE DISTRIBUTED AS PROVIDED IN THIS SECTION AND PURSUANT TO THE ADMINISTRATIVE
PROCEDURES FOR THE TUITION INCENTIVE PROGRAM OF THE DEPARTMENT OF TREASURY.
(2) AS USED IN THIS SECTION:
(A) "PHASE I" MEANS THE FIRST PART OF THE TUITION INCENTIVE ASSISTANCE PROGRAM
DEFINED AS THE ACADEMIC PERIOD OF 80 SEMESTER OR 120 TERM CREDITS, OR LESS, LEADING TO AN
ASSOCIATE DEGREE OR CERTIFICATE.
(B) "PHASE II" MEANS THE SECOND PART OF THE TUITION INCENTIVE ASSISTANCE PROGRAM
WHICH PROVIDES ASSISTANCE IN THE THIRD AND FOURTH YEAR OF 4-YEAR DEGREE PROGRAMS.
(C) "DEPARTMENT" MEANS THE DEPARTMENT OF TREASURY.
(3) A PERSON SHALL MEET THE FOLLOWING BASIC CRITERIA AND FINANCIAL THRESHOLDS TO BE
ELIGIBLE FOR TUITION INCENTIVE BENEFITS:
(A) TO BE ELIGIBLE FOR PHASE I, A PERSON SHALL MEET ALL OF THE FOLLOWING CRITERIA:
(I) APPLY FOR CERTIFICATION TO THE DEPARTMENT BEFORE GRADUATING FROM HIGH SCHOOL OR
COMPLETING THE GENERAL EDUCATION DEVELOPMENT (GED) CERTIFICATE.
(II) BE LESS THAN 20 YEARS OF AGE AT THE TIME OF HIGH SCHOOL GRADUATION OR GED
COMPLETION.
(III) BE A UNITED STATES CITIZEN AND A RESIDENT OF MICHIGAN ACCORDING TO
INSTITUTIONAL CRITERIA.
(IV) BE AT LEAST A HALF-TIME STUDENT, EARNING LESS THAN 80 SEMESTER OR 120 TERM
CREDITS AT A PARTICIPATING EDUCATIONAL INSTITUTION WITHIN 4 YEARS OF HIGH SCHOOL GRADUATION
OR GED CERTIFICATE COMPLETION.
(V) REQUEST INFORMATION ON FILING A FAFSA.
(B) TO BE ELIGIBLE FOR PHASE II, A PERSON SHALL MEET EITHER OF THE FOLLOWING CRITERIA
IN ADDITION TO THE CRITERIA IN SUBDIVISION (A):
(I) COMPLETE AT LEAST 56 TRANSFERABLE SEMESTER OR 84 TRANSFERABLE TERM CREDITS.
(II) OBTAIN AN ASSOCIATE DEGREE OR CERTIFICATE AT A PARTICIPATING INSTITUTION.
(C) TO BE ELIGIBLE FOR PHASE I OR PHASE II, A PERSON MUST NOT BE INCARCERATED AND
MUST BE FINANCIALLY ELIGIBLE AS DETERMINED BY THE DEPARTMENT. A PERSON IS FINANCIALLY
ELIGIBLE FOR THE TUITION INCENTIVE PROGRAM IF THAT PERSON WAS MEDICAID ELIGIBLE FOR 24
MONTHS WITHIN THE 36 MONTHS BEFORE APPLICATION. CERTIFICATION OF ELIGIBILITY MAY BEGIN IN
THE SIXTH GRADE.
(4) FOR PHASE I, THE DEPARTMENT SHALL PROVIDE PAYMENT ON BEHALF OF A PERSON ELIGIBLE
UNDER SUBSECTION (3). THE DEPARTMENT SHALL REJECT BILLINGS THAT ARE EXCESSIVE OR OUTSIDE
THE GUIDELINES FOR THE TYPE OF EDUCATIONAL INSTITUTION.
(5) FOR PHASE I, ALL OF THE FOLLOWING APPLY:
(A) PAYMENTS FOR ASSOCIATE DEGREE OR CERTIFICATE PROGRAMS SHALL NOT BE MADE FOR MORE
THAN 80 SEMESTER OR 120 TERM CREDITS FOR ANY INDIVIDUAL STUDENT AT ANY PARTICIPATING
INSTITUTION.
(B) FOR PERSONS ENROLLED AT A MICHIGAN COMMUNITY COLLEGE, THE DEPARTMENT SHALL PAY
THE CURRENT IN-DISTRICT TUITION AND MANDATORY FEES. FOR PERSONS RESIDING IN AN AREA THAT IS
NOT INCLUDED IN ANY COMMUNITY COLLEGE DISTRICT, THE OUT-OF-DISTRICT TUITION RATE MAY BE
AUTHORIZED.
(C) FOR PERSONS ENROLLED AT A MICHIGAN PUBLIC UNIVERSITY, THE DEPARTMENT SHALL PAY
LOWER DIVISION RESIDENT TUITION AND MANDATORY FEES FOR THE CURRENT YEAR.
(D) FOR PERSONS ENROLLED AT A MICHIGAN INDEPENDENT, NONPROFIT DEGREE-GRANTING COLLEGE
OR UNIVERSITY, OR A MICHIGAN FEDERAL TRIBALLY CONTROLLED COMMUNITY COLLEGE, OR FOCUS: HOPE,
THE DEPARTMENT SHALL PAY MANDATORY FEES FOR THE CURRENT YEAR AND A PER-CREDIT PAYMENT THAT
DOES NOT EXCEED THE AVERAGE COMMUNITY COLLEGE IN-DISTRICT PER-CREDIT TUITION RATE AS
REPORTED ON AUGUST 1, FOR THE IMMEDIATELY PRECEDING ACADEMIC YEAR.
(6) A PERSON PARTICIPATING IN PHASE II MAY BE ELIGIBLE FOR ADDITIONAL FUNDS NOT TO
EXCEED $500.00 PER SEMESTER OR $400.00 PER TERM UP TO A MAXIMUM OF $2,000.00 SUBJECT TO THE
FOLLOWING CONDITIONS:
(A) CREDITS ARE EARNED IN A 4-YEAR PROGRAM AT A MICHIGAN DEGREE-GRANTING 4-YEAR
COLLEGE OR UNIVERSITY.
(B) THE TUITION REIMBURSEMENT IS FOR COURSEWORK COMPLETED WITHIN 30 MONTHS OF
COMPLETION OF THE PHASE I REQUIREMENTS.
(7) THE DEPARTMENT SHALL WORK CLOSELY WITH PARTICIPATING INSTITUTIONS TO DEVELOP AN
APPLICATION AND ELIGIBILITY DETERMINATION PROCESS THAT WILL PROVIDE THE HIGHEST LEVEL OF
PARTICIPATION AND ENSURE THAT ALL REQUIREMENTS OF THE PROGRAM ARE MET.
(8) APPLICATIONS FOR THE TUITION INCENTIVE PROGRAM MAY BE APPROVED AT ANY TIME AFTER
THE STUDENT BEGINS THE SIXTH GRADE. IF A DETERMINATION OF FINANCIAL ELIGIBILITY IS MADE,
THAT DETERMINATION IS VALID AS LONG AS THE STUDENT MEETS ALL OTHER PROGRAM REQUIREMENTS AND
CONDITIONS.
(9) EACH INSTITUTION SHALL ENSURE THAT ALL KNOWN AVAILABLE RESTRICTED GRANTS FOR
TUITION AND FEES ARE USED PRIOR TO BILLING THE TUITION INCENTIVE PROGRAM FOR ANY PORTION OF
A STUDENT'S TUITION AND FEES.
(10) THE DEPARTMENT SHALL ENSURE THAT THE TUITION INCENTIVE PROGRAM IS WELL
PUBLICIZED AND THAT ELIGIBLE MEDICAID CLIENTS ARE PROVIDED INFORMATION ON THE PROGRAM. THE
DEPARTMENT SHALL PROVIDE THE NECESSARY FUNDING AND STAFF TO FULLY OPERATE THE PROGRAM.
SEC. 182E. TO ENABLE THE LEGISLATURE AND THE STATE BUDGET DIRECTOR TO EVALUATE THE
APPROPRIATION NEEDS OF HIGHER EDUCATION, EACH INDEPENDENT COLLEGE AND UNIVERSITY SHALL MAKE
AVAILABLE TO THE LEGISLATURE OR STATE BUDGET DIRECTOR, UPON REQUEST, DATA REGARDING GRANTS
FOR THE PRECEDING, CURRENT, AND ENSUING FISCAL YEARS.
SEC. 183A. (1) THE AMOUNTS APPROPRIATED IN SECTION 194 FOR STATE UNIVERSITY TUITION
RESTRAINT INCENTIVES SHALL ONLY BE PAID TO A STATE UNIVERSITY CERTIFYING TO THE STATE
BUDGET DIRECTOR BY AUGUST 31, 2011 THAT ITS BOARD DID NOT ADOPT AN INCREASE IN TUITION AND
FEE RATES FOR RESIDENT UNDERGRADUATE STUDENTS AFTER FEBRUARY 1, 2011 FOR THE 2010-2011
ACADEMIC YEAR AND THAT ITS BOARD WILL NOT ADOPT AN INCREASE IN TUITION AND FEE RATES FOR
RESIDENT UNDERGRADUATE STUDENTS FOR THE 2011-2012 ACADEMIC YEAR THAT IS GREATER THAN THE
CALCULATED AVERAGE OF ANNUAL STATEWIDE CHANGES IN TUITION AND FEE RATES FOR ACADEMIC YEARS
2006-2007 THROUGH 2010-2011, AS DETERMINED BY THE STATE BUDGET DIRECTOR.
(2) AS USED IN THIS SECTION, "TUITION AND FEE RATE" MEANS THE AVERAGE OF RATES FOR
ALL UNDERGRADUATE CLASSES, BASED ON THE HIGHEST BOARD-AUTHORIZED RATE FOR ANY SEMESTER
DURING THE ACADEMIC YEAR.
(3) AS USED IN THIS SECTION, "FEE" MEANS ANY BOARD-AUTHORIZED FEE THAT WILL BE PAID
BY MORE THAN HALF OF ALL RESIDENT UNDERGRADUATE STUDENTS AT LEAST ONCE DURING THEIR
ENROLLMENT AT A STATE UNIVERSITY. A UNIVERSITY INCREASING A FEE APPLYING TO A SPECIFIC
SUBSET OF STUDENTS OR COURSES SHALL PROVIDE SUFFICIENT INFORMATION TO PROVE THAT SUCH
ACTION WILL NOT CAUSE THE INCREASE IN THE AVERAGE AMOUNT OF BOARD-AUTHORIZED TOTAL TUITION
AND FEES PAID BY RESIDENT UNDERGRADUATE STUDENTS IN THE 2011-2012 ACADEMIC YEAR TO EXCEED
THE LIMIT ESTABLISHED IN SUBSECTION (1).
(4) THE STATE BUDGET DIRECTOR SHALL IMPLEMENT UNIFORM REPORTING REQUIREMENTS TO
ENSURE THAT A STATE UNIVERSITY RECEIVING AN APPROPRIATION UNDER SECTION 194 HAS SATISFIED
THE TUITION RESTRAINT REQUIREMENTS OF THIS SECTION. THE STATE BUDGET DIRECTOR SHALL HAVE
THE SOLE AUTHORITY TO DETERMINE IF A STATE UNIVERSITY HAS MET THE REQUIREMENTS OF THIS
SECTION.
SEC. 183B. BEGINNING FISCAL YEAR 2012-2013, UNIVERSITY OPERATIONS FUNDING
APPROPRIATED IN SECTION 194 SHALL BE ALLOCATED TO EACH UNIVERSITY USING A FORMULA DEVELOPED
BY THE STATE BUDGET DIRECTOR, WITH THE ADVICE OF RELEVANT STAKEHOLDERS AND ENACTED BY THE
LEGISLATURE. SUCH A FORMULA SHALL INCENT UNIVERSITIES TO PROVIDE POSTSECONDARY
OPPORTUNITIES FOR STUDENTS THAT ARE BOTH ACCESSIBLE AND AFFORDABLE AND THAT RESULT IN A
HIGHLY EDUCATED WORKFORCE. IN ADDITION, THE FORMULA SHALL REWARD UNIVERSITIES THAT
CONTRIBUTE TO THE ECONOMIC WELLBEING OF MICHIGAN THROUGH RESEARCH AND COMMERCIALIZATION OF
THOSE EFFORTS.
SEC. 183C. (1) INCLUDED IN SECTION 194 IS $2,982,900.00 FOR THE AGRICULTURAL
EXPERIMENT STATION AND $2,645,200.00 FOR THE COOPERATIVE EXTENSION SERVICE FOR PROJECT
GREEEN. PROJECT GREEEN IS INTENDED TO ADDRESS CRITICAL REGULATORY, FOOD SAFETY, ECONOMIC,
AND ENVIRONMENTAL PROBLEMS FACED BY THIS STATE'S PLANT-BASED AGRICULTURE, FORESTRY, AND
PROCESSING INDUSTRIES. "GREEEN" IS AN ACRONYM FOR GENERATING RESEARCH AND EXTENSION TO MEET
ENVIRONMENTAL AND ECONOMIC NEEDS.
(2) THE DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT AND MICHIGAN STATE
UNIVERSITY, IN CONSULTATION WITH AGRICULTURAL COMMODITY GROUPS AND OTHER INTERESTED
PARTIES, SHALL DEVELOP PROJECT GREEEN AND ITS PROGRAM PRIORITIES.
SEC. 183D. INCLUDED IN THE APPROPRIATION IN SECTION 194 FOR MICHIGAN STATE UNIVERSITY
IS $80,000.00 FOR THE MICHIGAN FUTURE FARMERS OF AMERICA ASSOCIATION. THIS $80,000.00
APPROPRIATION SHALL NOT SUPPLANT ANY EXISTING SUPPORT THAT MICHIGAN STATE UNIVERSITY
PROVIDES TO THE MICHIGAN FUTURE FARMERS OF AMERICA ASSOCIATION.
SEC. 183E. ALL PUBLIC UNIVERSITIES SHALL SUBMIT THE AMOUNT OF TUITION AND FEES
ACTUALLY CHARGED TO A FULL-TIME RESIDENT UNDERGRADUATE STUDENT FOR ACADEMIC YEAR 2011-2012
AS PART OF THEIR HIGHER EDUCATION INSTITUTIONAL DATA INVENTORY (HEIDI) DATA BY AUGUST 31,
2011. A PUBLIC UNIVERSITY SHALL REPORT ANY REVISIONS FOR ANY SEMESTER OF THE REPORTED
ACADEMIC YEAR 2011-2012 TUITION AND FEE CHARGES TO HEIDI WITHIN 15 DAYS OF BEING ADOPTED.
SEC. 183F. FROM THE AMOUNT APPROPRIATED IN SECTION 194 TO CENTRAL MICHIGAN UNIVERSITY
FOR OPERATIONS, $29,700.00 SHALL BE PAID TO SAGINAW CHIPPEWA TRIBAL COLLEGE FOR THE COSTS
OF WAIVING TUITION FOR NORTH AMERICAN INDIANS UNDER 1976 PA 174, MCL 390.1251 TO 390.1253.
SEC. 183G. FROM THE AMOUNT APPROPRIATED IN SECTION 194 TO LAKE SUPERIOR STATE
UNIVERSITY FOR OPERATIONS, $100,000.00 SHALL BE PAID TO BAY MILLS COMMUNITY COLLEGE FOR THE
COSTS OF WAIVING TUITION FOR NORTH AMERICAN INDIANS UNDER 1976 PA 174, MCL 390.1251 TO
390.1253.
SEC. 184A. (1) INCLUDED IN THE APPROPRIATION FOR EACH PUBLIC UNIVERSITY IN SECTION
194 IS FUNDING FOR THE MARTIN LUTHER KING, JR. - CESAR CHAVEZ - ROSA PARKS FUTURE FACULTY
PROGRAM THAT IS INTENDED TO INCREASE THE POOL OF ACADEMICALLY OR ECONOMICALLY DISADVANTAGED
CANDIDATES PURSUING FACULTY TEACHING CAREERS IN POSTSECONDARY EDUCATION. PREFERENCE MAY NOT
BE GIVEN TO APPLICANTS ON THE BASIS OF RACE, COLOR, ETHNICITY, GENDER, OR NATIONAL ORIGIN.
INSTITUTIONS SHOULD ENCOURAGE APPLICATIONS FROM APPLICANTS WHO WOULD OTHERWISE NOT
ADEQUATELY BE REPRESENTED IN THE GRADUATE STUDENT AND FACULTY POPULATIONS. EACH PUBLIC
UNIVERSITY SHALL APPLY THE PERCENTAGE CHANGE APPLICABLE TO EVERY PUBLIC UNIVERSITY IN THE
CALCULATION OF APPROPRIATIONS IN SECTION 194 TO THE AMOUNT OF FUNDS ALLOCATED TO THE FUTURE
FACULTY PROGRAM.
(2) THE PROGRAM SHALL BE ADMINISTERED BY EACH PUBLIC UNIVERSITY IN A MANNER
PRESCRIBED BY THE MICHIGAN DEPARTMENT OF ENERGY, LABOR, AND ECONOMIC GROWTH. THE MICHIGAN
DEPARTMENT OF ENERGY, LABOR, AND ECONOMIC GROWTH SHALL USE A GOOD FAITH EFFORT STANDARD TO
EVALUATE WHETHER A FELLOWSHIP IS IN DEFAULT.
SEC. 184B. (1) INCLUDED IN THE APPROPRIATION FOR EACH PUBLIC UNIVERSITY IN SECTION
194 IS FUNDING FOR THE MARTIN LUTHER KING, JR. - CESAR CHAVEZ - ROSA PARKS COLLEGE DAY
PROGRAM THAT IS INTENDED TO INTRODUCE ACADEMICALLY OR ECONOMICALLY DISADVANTAGED
SCHOOLCHILDREN TO THE POTENTIAL OF A COLLEGE EDUCATION. PREFERENCE MAY NOT BE GIVEN TO
PARTICIPANTS ON THE BASIS OF RACE, COLOR, ETHNICITY, GENDER, OR NATIONAL ORIGIN.
INSTITUTIONS SHOULD ENCOURAGE PARTICIPATION FROM THOSE WHO WOULD OTHERWISE NOT ADEQUATELY
BE REPRESENTED IN THE STUDENT POPULATION.
(2) INDIVIDUAL PROGRAM PLANS OF EACH PUBLIC UNIVERSITY SHALL INCLUDE A BUDGET OF
EQUAL CONTRIBUTIONS FROM THIS PROGRAM, THE PARTICIPATING PUBLIC UNIVERSITY, THE
PARTICIPATING SCHOOL DISTRICT, AND THE PARTICIPATING INDEPENDENT DEGREE-GRANTING COLLEGE.
COLLEGE DAY FUNDS SHALL NOT BE EXPENDED TO COVER INDIRECT COSTS. NOT MORE THAN 20% OF THE
UNIVERSITY MATCH SHALL BE ATTRIBUTABLE TO INDIRECT COSTS. EACH PUBLIC UNIVERSITY SHALL
APPLY THE PERCENTAGE CHANGE APPLICABLE TO EVERY PUBLIC UNIVERSITY IN THE CALCULATION OF
APPROPRIATIONS IN SECTION 194 TO THE AMOUNT OF FUNDS ALLOCATED TO THE COLLEGE DAY PROGRAM.
(3) THE PROGRAM DESCRIBED IN THIS SECTION SHALL BE ADMINISTERED BY EACH PUBLIC
UNIVERSITY IN A MANNER PRESCRIBED BY THE MICHIGAN DEPARTMENT OF ENERGY, LABOR, AND ECONOMIC
GROWTH.
SEC. 184C. (1) INCLUDED IN SECTION 194(5) IS FUNDING FOR THE MARTIN LUTHER KING, JR.
- CESAR CHAVEZ - ROSA PARKS SELECT STUDENT SUPPORT SERVICES PROGRAM FOR DEVELOPING
ACADEMICALLY OR ECONOMICALLY DISADVANTAGED STUDENT RETENTION PROGRAMS FOR 4-YEAR PUBLIC AND
INDEPENDENT EDUCATIONAL INSTITUTIONS IN THIS STATE. PREFERENCE MAY NOT BE GIVEN TO
PARTICIPANTS ON THE BASIS OF RACE, COLOR, ETHNICITY, GENDER, OR NATIONAL ORIGIN.
INSTITUTIONS SHOULD ENCOURAGE PARTICIPATION FROM THOSE WHO WOULD OTHERWISE NOT ADEQUATELY
BE REPRESENTED IN THE STUDENT POPULATION.
(2) AN AWARD MADE UNDER THIS PROGRAM TO ANY ONE INSTITUTION SHALL NOT BE GREATER THAN
$150,000.00, AND THE AMOUNT AWARDED SHALL BE MATCHED ON A 70% STATE, 30% COLLEGE OR
UNIVERSITY BASIS.
(3) THE PROGRAM DESCRIBED IN THIS SECTION SHALL BE ADMINISTERED BY THE MICHIGAN
DEPARTMENT OF ENERGY, LABOR, AND ECONOMIC GROWTH.
SEC. 184D. (1) INCLUDED IN SECTION 194(5) IS FUNDING FOR THE MARTIN LUTHER KING, JR.
- CESAR CHAVEZ - ROSA PARKS COLLEGE/UNIVERSITY PARTNERSHIP PROGRAM BETWEEN 4-YEAR PUBLIC
AND INDEPENDENT COLLEGES AND UNIVERSITIES AND PUBLIC COMMUNITY COLLEGES, WHICH IS INTENDED
TO INCREASE THE NUMBER OF ACADEMICALLY OR ECONOMICALLY DISADVANTAGED STUDENTS WHO TRANSFER
FROM COMMUNITY COLLEGES INTO BACCALAUREATE PROGRAMS. PREFERENCE MAY NOT BE GIVEN TO
PARTICIPANTS ON THE BASIS OF RACE, COLOR, ETHNICITY, GENDER, OR NATIONAL ORIGIN.
INSTITUTIONS SHOULD ENCOURAGE PARTICIPATION FROM THOSE WHO WOULD OTHERWISE NOT ADEQUATELY
BE REPRESENTED IN THE TRANSFER STUDENT POPULATION.
(2) THE GRANTS SHALL BE MADE UNDER THE PROGRAM DESCRIBED IN THIS SECTION TO MICHIGAN
PUBLIC AND INDEPENDENT COLLEGES AND UNIVERSITIES. AN AWARD TO ANY ONE INSTITUTION SHALL NOT
BE GREATER THAN $150,000.00, AND THE AMOUNT AWARDED SHALL BE MATCHED ON A 70% STATE, 30%
COLLEGE OR UNIVERSITY BASIS.
(3) THE PROGRAM DESCRIBED IN THIS SECTION SHALL BE ADMINISTERED BY THE MICHIGAN
DEPARTMENT OF ENERGY, LABOR, AND ECONOMIC GROWTH.
SEC. 184E. (1) INCLUDED IN THE APPROPRIATION FOR EACH PUBLIC UNIVERSITY IN SECTION
194 IS FUNDING FOR THE MARTIN LUTHER KING, JR. - CESAR CHAVEZ - ROSA PARKS VISITING
PROFESSORS PROGRAM WHICH IS INTENDED TO INCREASE THE NUMBER OF INSTRUCTORS IN THE CLASSROOM
TO PROVIDE ROLE MODELS FOR ACADEMICALLY OR ECONOMICALLY DISADVANTAGED STUDENTS. PREFERENCE
MAY NOT BE GIVEN TO PARTICIPANTS ON THE BASIS OF RACE, COLOR, ETHNICITY, GENDER, OR
NATIONAL ORIGIN. PUBLIC UNIVERSITIES SHOULD ENCOURAGE PARTICIPATION FROM THOSE WHO WOULD
OTHERWISE NOT ADEQUATELY BE REPRESENTED IN THE STUDENT POPULATION.
(2) THE PROGRAM DESCRIBED IN THIS SECTION SHALL BE ADMINISTERED BY THE MICHIGAN
DEPARTMENT OF ENERGY, LABOR, AND ECONOMIC GROWTH.
SEC. 184F. (1) INCLUDED IN THE APPROPRIATION IN SECTION 194(5) IS FUNDING UNDER THE
MARTIN LUTHER KING, JR. - CESAR CHAVEZ - ROSA PARKS INITIATIVE FOR THE MORRIS HOOD, JR.
EDUCATOR DEVELOPMENT PROGRAM WHICH IS INTENDED TO INCREASE THE NUMBER OF ACADEMICALLY OR
ECONOMICALLY DISADVANTAGED STUDENTS WHO ENROLL IN AND COMPLETE K-12 TEACHER EDUCATION
PROGRAMS AT THE BACCALAUREATE LEVEL. PREFERENCE MAY NOT BE GIVEN TO PARTICIPANTS ON THE
BASIS OF RACE, COLOR, ETHNICITY, GENDER, OR NATIONAL ORIGIN. INSTITUTIONS SHOULD ENCOURAGE
PARTICIPATION FROM THOSE WHO WOULD OTHERWISE NOT ADEQUATELY BE REPRESENTED IN THE TEACHER
EDUCATION STUDENT POPULATION.
(2) THE PROGRAM DESCRIBED IN THIS SECTION SHALL BE ADMINISTERED BY EACH STATE-
APPROVED TEACHER EDUCATION INSTITUTION IN A MANNER PRESCRIBED BY THE MICHIGAN DEPARTMENT OF
ENERGY, LABOR, AND ECONOMIC GROWTH.
(3) APPROVED TEACHER EDUCATION INSTITUTIONS MAY AND ARE ENCOURAGED TO USE STUDENT
SUPPORT SERVICES FUNDING IN COORDINATION WITH THE MORRIS HOOD, JR. FUNDING TO ACHIEVE THE
GOALS OF THE PROGRAM DESCRIBED IN THIS SECTION.
SEC. 184G. EACH INSTITUTION RECEIVING FUNDS UNDER SECTIONS 184C, 184D, OR 184F SHALL
NOTIFY THE MICHIGAN DEPARTMENT OF ENERGY, LABOR, AND ECONOMIC GROWTH BY APRIL 15, 2012 AS
TO WHETHER IT WILL EXPEND BY THE END OF ITS FISCAL YEAR THE FUNDS RECEIVED UNDER SECTIONS
184C, 184D, OR 184F. NOTWITHSTANDING THE AWARD LIMITATIONS IN SECTIONS 184C AND 184D, THE
AMOUNT OF FUNDING REPORTED AS NOT BEING EXPENDED WILL BE REALLOCATED TO THE INSTITUTIONS
THAT INTEND TO EXPEND ALL FUNDING RECEIVED UNDER SECTIONS 184C, 184D, OR 184F.
SEC. 185A. (1) FROM THE AMOUNT APPROPRIATED IN SECTION 194, THE PUBLIC UNIVERSITIES
SHALL SYSTEMATICALLY INFORM MICHIGAN HIGH SCHOOLS REGARDING THE ACADEMIC STATUS OF STUDENTS
FROM EACH HIGH SCHOOL IN A MANNER PRESCRIBED BY THE PRESIDENTS COUNCIL, STATE UNIVERSITIES
OF MICHIGAN IN COOPERATION WITH THE MICHIGAN ASSOCIATION OF SECONDARY SCHOOL PRINCIPALS.
(2) THE MICHIGAN HIGH SCHOOLS SHALL SYSTEMATICALLY INFORM THE PUBLIC UNIVERSITIES
ABOUT THE USE OF INFORMATION RECEIVED UNDER THIS SECTION IN A MANNER PRESCRIBED BY THE
MICHIGAN ASSOCIATION OF SECONDARY SCHOOL PRINCIPALS IN COOPERATION WITH THE PRESIDENTS
COUNCIL, STATE UNIVERSITIES OF MICHIGAN.
SEC. 185B. FROM THE AMOUNT APPROPRIATED IN SECTION 194, THE PUBLIC UNIVERSITIES SHALL
INFORM MICHIGAN COMMUNITY COLLEGES REGARDING THE ACADEMIC STATUS OF COMMUNITY COLLEGE
TRANSFER STUDENTS IN A MANNER PRESCRIBED BY THE PRESIDENTS COUNCIL, STATE UNIVERSITIES OF
MICHIGAN IN COOPERATION WITH THE MICHIGAN COMMUNITY COLLEGE ASSOCIATION.
SEC. 185C. PUBLIC UNIVERSITIES SHALL WORK WITH THE STATE COMMUNITY COLLEGES TO
ENCOURAGE THE TRANSFER OF STUDENTS FROM THE COMMUNITY COLLEGES TO THE STATE UNIVERSITIES
AND TO FACILITATE THE TRANSFER OF CREDITS FROM THE COMMUNITY COLLEGES TO THE PUBLIC
UNIVERSITIES.
SEC. 186A. (1) THE AUDITOR GENERAL SHALL REVIEW HIGHER EDUCATION INSTITUTIONAL DATA
INVENTORY (HEIDI) ENROLLMENT DATA SUBMITTED BY ALL PUBLIC UNIVERSITIES AND MAY PERFORM
AUDITS OF SELECTED PUBLIC UNIVERSITIES IF DETERMINED NECESSARY. THE REVIEW AND AUDITS SHALL
BE BASED UPON THE DEFINITIONS, REQUIREMENTS, AND UNIFORM REPORTING CATEGORIES ESTABLISHED
BY THE STATE BUDGET DIRECTOR IN CONSULTATION WITH THE HEIDI ADVISORY COMMITTEE. THE AUDITOR
GENERAL SHALL SUBMIT A REPORT OF FINDINGS TO THE HOUSE AND SENATE APPROPRIATIONS COMMITTEES
AND THE STATE BUDGET DIRECTOR NO LATER THAN JULY 1, 2012.
(2) STUDENT CREDIT HOURS REPORTS SHALL NOT INCLUDE THE FOLLOWING:
(A) STUDENT CREDIT HOURS GENERATED THROUGH INSTRUCTIONAL ACTIVITY BY FACULTY OR STAFF
IN CLASSROOMS LOCATED OUTSIDE MICHIGAN, WITH THE EXCEPTION OF INSTRUCTIONAL ACTIVITY
RELATED TO STUDY-ABROAD PROGRAMS OR FIELD PROGRAMS.
(B) STUDENT CREDIT HOURS GENERATED THROUGH DISTANCE LEARNING INSTRUCTION FOR STUDENTS
NOT ELIGIBLE FOR THE PUBLIC UNIVERSITY'S IN-STATE MAIN CAMPUS RESIDENT TUITION RATE.
HOWEVER, IN INSTANCES WHERE A STUDENT IS ENROLLED IN DISTANCE EDUCATION AND NON-DISTANCE
EDUCATION CREDIT HOURS IN A GIVEN TERM AND THE STUDENT'S NON-DISTANCE EDUCATION ENROLLMENT
IS AT A CAMPUS OR SITE LOCATED WITHIN MICHIGAN, STUDENT CREDIT HOURS PER THE STUDENT'S
ELIGIBILITY FOR IN-STATE OR OUT-OF-STATE TUITION RATES MAY BE REPORTED.
(C) STUDENT CREDIT HOURS GENERATED THROUGH CREDIT BY EXAMINATION.
(D) STUDENT CREDIT HOURS GENERATED THROUGH INMATE PRISON PROGRAMS REGARDLESS OF
TEACHING LOCATION.
(E) STUDENT CREDIT HOURS GENERATED IN NEW DEGREE PROGRAMS AFTER JANUARY 1, 1975, THAT
HAVE NOT BEEN SPECIFICALLY AUTHORIZED FOR FUNDING BY THE LEGISLATURE, EXCEPT SPIN-OFF
PROGRAMS CONVERTED FROM EXISTING CORE PROGRAMS THAT DO ALL OF THE FOLLOWING:
(I) REPRESENT NEW OPTIONS, FIELDS, OR CONCENTRATIONS WITHIN EXISTING PROGRAMS.
(II) ARE CONSISTENT WITH THE CURRENT INSTITUTIONAL ROLE AND MISSION.
(III) ARE ACCOMMODATED WITHIN THE CONTINUING FUNDING BASE OF THE PUBLIC UNIVERSITY.
(IV) DO NOT REQUIRE A NEW DEGREE LEVEL BEYOND THAT WHICH THE PUBLIC UNIVERSITY IS
CURRENTLY AUTHORIZED TO GRANT WITHIN THAT DISCIPLINE OR FIELD.
(V) DO NOT REQUIRE FUNDING FROM THE STATE OTHER THAN THAT PROVIDED BY THE STUDENT
CREDIT HOURS GENERATED WITHIN THE PROGRAM, EITHER BEFORE PROGRAM INITIATION OR WITHIN THE
FIRST 3 YEARS OF PROGRAM OPERATION.
(3) THE AUDITOR GENERAL SHALL PERIODICALLY AUDIT HIGHER EDUCATION INSTITUTIONAL DATA
INVENTORY (HEIDI) DATA AS SUBMITTED BY THE PUBLIC UNIVERSITIES FOR COMPLIANCE WITH THE
DEFINITIONS ESTABLISHED BY THE STATE BUDGET DIRECTOR IN CONSULTATION WITH THE HEIDI
ADVISORY COMMITTEE FOR THE HEIDI DATABASE.
(4) "DISTANCE LEARNING INSTRUCTION" AS USED IN SUBSECTION (2) MEANS INSTRUCTION THAT
OCCURS SOLELY IN OTHER THAN A TRADITIONAL CLASSROOM SETTING WHERE THE STUDENT AND
INSTRUCTOR ARE IN THE SAME PHYSICAL LOCATION AND FOR WHICH A STUDENT RECEIVES COURSE
CREDITS AND IS CHARGED TUITION AND FEES. EXAMPLES OF DISTANCE LEARNING INSTRUCTION ARE
INSTRUCTION DELIVERED SOLELY THROUGH THE INTERNET, CABLE TELEVISION, TELECONFERENCE, OR
MAIL.
SEC. 186B. THE AUDITOR GENERAL MAY CONDUCT PERFORMANCE AUDITS OF PUBLIC UNIVERSITIES
RECEIVING FUNDS IN SECTION 194 DURING THE FISCAL YEAR ENDING SEPTEMBER 30, 2012 AS THE
AUDITOR GENERAL CONSIDERS NECESSARY.
SEC. 191. SUBJECT TO THE CONDITIONS SET FORTH IN THIS ACT, THE AMOUNTS LISTED IN THIS
SECTION FOR THE PUBLIC SCHOOLS OF THIS STATE, COMMUNITY COLLEGES, HIGHER EDUCATION, AND
CERTAIN OTHER STATE PURPOSES RELATING TO EDUCATION ARE APPROPRIATED FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 2012, AND ARE ANTICIPATED TO BE APPROPRIATED FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 2013, FROM THE FUNDS INDICATED IN THIS SECTION:
STATE EDUCATION FUNDING ACT
APPROPRIATION SUMMARY
FULL-TIME EQUATED UNCLASSIFIED POSITIONS.............. 0 0
FULL-TIME EQUATED CLASSIFIED POSITIONS................ 1.0 1.0
GROSS APPROPRIATION..................................... $ 13,831,718,000 $ 13,810,381,400
TOTAL INTERDEPARTMENTAL GRANTS AND
INTRADEPARTMENTAL TRANSFERS........................... 0 0
ADJUSTED GROSS APPROPRIATION............................ $ 13,831,718,000 $ 13,810,381,400
TOTAL FEDERAL REVENUES.................................. 1,751,658,200 1,760,418,200
TOTAL LOCAL REVENUES.................................... 0 0
TOTAL PRIVATE REVENUES.................................. 0 0
TOTAL OTHER STATE RESTRICTED REVENUES................... 11,003,484,900 11,040,688,300
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 1,076,574,900 $ 1,009,274,900
SEC. 192. (1) FROM THE APPROPRIATION IN SECTION 191, SUBJECT TO THE CONDITIONS SET
FORTH IN SECTIONS 2 THROUGH 169B OF THIS ACT, THE AMOUNTS LISTED IN THIS SECTION FOR THE
PUBLIC SCHOOLS OF THIS STATE, AND CERTAIN OTHER STATE PURPOSES RELATING TO EDUCATION ARE
APPROPRIATED FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2012, AND ARE ANTICIPATED TO BE
APPROPRIATED FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2013, FROM THE FUNDS INDICATED IN
THIS SECTION:
SCHOOL AID
APPROPRIATION SUMMARY
FULL-TIME EQUATED UNCLASSIFIED POSITIONS.............. 0.0 0.0
FULL-TIME EQUATED CLASSIFIED POSITIONS................ 0.0 0.0
GROSS APPROPRIATION..................................... $ 12,173,559,100 $ 12,143,462,500
TOTAL INTERDEPARTMENTAL GRANTS AND
INTRADEPARTMENTAL TRANSFERS........................... 0 0
ADJUSTED GROSS APPROPRIATION............................ $ 12,173,559,100 $ 12,143,462,500
TOTAL FEDERAL REVENUES.................................. 1,653,331,800 1,653,331,800
TOTAL LOCAL REVENUES.................................... 0 0
TOTAL PRIVATE REVENUES.................................. 0 0
TOTAL OTHER STATE RESTRICTED REVENUES................... 10,107,684,900 10,144,888,300
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 412,542,400 $ 345,242,400
(2) BASIC OPERATIONS
BASIC OPERATIONS........................................ $ 8,754,321,000 $ 8,672,321,000
GROSS APPROPRIATION..................................... $ 8,754,321,000 $ 8,672,321,000
APPROPRIATED FROM:
STATE RESTRICTED REVENUES............................... 8,358,142,800 8,343,442,800
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 396,178,200 $ 328,878,200
SCHEDULE OF PROGRAMS:
PROPOSAL A OBLIGATION PAYMENT......................... 5,682,500,000 5,590,500,000
DISCRETIONARY PAYMENT................................. 3,009,713,000 3,019,713,000
ISD GENERAL OPERATIONS................................ 62,108,000 62,108,000
(3) SPECIAL EDUCATION
SPECIAL EDUCATION....................................... $ 1,412,469,100 $ 1,466,869,100
GROSS APPROPRIATION..................................... $ 1,412,469,100 $ 1,466,869,100
APPROPRIATED FROM:
FEDERAL REVENUES........................................ 437,400,000 437,400,000
STATE RESTRICTED REVENUES............................... 975,069,100 1,029,469,100
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 0 $ 0
SCHEDULE OF PROGRAMS:
SPECIAL EDUCATION HEADLEE OBLIGATION.................. 668,300,000 709,700,000
SPECIAL EDUCATION FOUNDATIONS......................... 245,700,000 258,700,000
SPECIAL EDUCATION NON-SEC. 52 PAYMENT................. 6,800,000 6,800,000
SPECIAL EDUCATION RULE CHANGE......................... 2,200,000 2,200,000
SPECIAL EDUCATION COURT PLACED FTES................... 13,500,000 13,500,000
MICHIGAN SCHOOLS FOR THE DEAF AND BLIND............... 1,688,000 1,688,000
SPECIAL EDUCATION MILLAGE EQUALIZATION................ 36,881,100 36,881,100
SPECIAL EDUCATION FEDERAL PROGRAMS.................... 437,400,000 437,400,000
(4) STUDENT SUPPLEMENTAL SERVICES
STUDENT SUPPLEMENTAL SERVICES........................... $ 1,194,898,800 $ 1,194,898,800
GROSS APPROPRIATION..................................... $ 1,194,898,800 $ 1,194,898,800
APPROPRIATED FROM:
FEDERAL REVENUES........................................ 802,282,600 802,282,600
STATE RESTRICTED REVENUES............................... 390,928,700 390,928,700
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 1,687,500 $ 1,687,500
SCHEDULE OF PROGRAMS:
COURT-PLACED CHILDREN................................. 8,000,000 8,000,000
JUVENILE DETENTION FACILITIES......................... 1,197,500 1,197,500
YOUTH CHALLENGE PROGRAM............................... 644,800 644,800
AT-RISK PROGRAM....................................... 308,988,200 308,988,200
CHILD AND ADOLESCENT HEALTH CENTERS................... 3,557,300 3,557,300
HEARING AND VISION SCREENING.......................... 5,150,000 5,150,000
VOCATIONAL EDUCATION.................................. 26,611,300 26,611,300
VOCATIONAL EDUCATION MILLAGE REIMBURSEMENT............ 9,000,000 9,000,000
BUS DRIVER SAFETY..................................... 1,625,000 1,625,000
SCHOOL BUS INSPECTIONS................................ 1,529,600 1,529,600
MICHIGAN VIRTUAL HIGH SCHOOL.......................... 4,387,500 4,387,500
MATH AND SCIENCE CENTERS.............................. 7,874,300 7,874,300
ADULT EDUCATION....................................... 22,000,000 22,000,000
FEDERAL PROGRAMS...................................... 794,333,300 794,333,300
(5) SCHOOL MEAL PROGRAMS
SCHOOL MEAL PROGRAMS.................................... $ 434,626,100 $ 434,626,100
GROSS APPROPRIATION..................................... $ 434,626,100 $ 434,626,100
APPROPRIATED FROM:
FEDERAL REVENUES........................................ 402,506,000 402,506,000
STATE RESTRICTED REVENUES............................... 32,120,100 32,120,100
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 0 $ 0
SCHEDULE OF PROGRAMS:
SCHOOL LUNCH.......................................... 425,001,100 425,001,100
SCHOOL BREAKFAST...................................... 9,625,000 9,625,000
(6) DEBT SERVICE AND OTHER REQUIRED PAYMENTS
DEBT SERVICE AND OTHER REQUIRED PAYMENTS................ $ 181,765,300 $ 187,768,700
GROSS APPROPRIATION..................................... $ 181,765,300 $ 187,768,700
APPROPRIATED FROM:
STATE RESTRICTED REVENUES............................... 181,765,300 187,768,700
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 0 $ 0
SCHEDULE OF PROGRAMS:
DEBT SERVICE ON NON-DURANT DISTRICT BONDS............. 39,000,000 39,000,000
SCHOOL BOND LOAN REDEMPTION FUND...................... 93,575,300 89,578,700
SCHOOL AID FUND BORROWING COSTS....................... 20,000,000 30,000,000
RENAISSANCE ZONE REIMBURSEMENT........................ 26,300,000 26,300,000
PAYMENT IN LIEU OF TAXES REIMBURSEMENT................ 2,890,000 2,890,000
(7) EARLY CHILDHOOD EDUCATION
EARLY CHILDHOOD EDUCATION............................... $ 109,575,000 $ 109,575,000
GROSS APPROPRIATION..................................... $ 109,575,000 $ 109,575,000
APPROPRIATED FROM:
STATE RESTRICTED REVENUES............................... 100,400,000 100,400,000
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 9,175,000 $ 9,175,000
SCHEDULE OF PROGRAMS:
GREAT START LOCAL COLLABORATIVE GRANTS................ 6,000,000 6,000,000
GREAT START READINESS PROGRAM: SCHOOL-BASED........... 89,700,000 89,700,000
GREAT START READINESS PROGRAM: COMPETITIVE............ 8,875,000 8,875,000
GREAT PARENTS, GREAT START ISD PROGRAM................ 5,000,000 5,000,000
(8) STUDENT ASSESSMENT AND ACCOUNTABILITY
STUDENT ASSESSMENT AND ACCOUNTABILITY................... $ 85,903,800 $ 77,403,800
GROSS APPROPRIATION..................................... $ 85,903,800 $ 77,403,800
APPROPRIATED FROM:
FEDERAL REVENUES........................................ 11,143,200 11,143,200
STATE RESTRICTED REVENUES............................... 69,258,900 60,758,900
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 5,501,700 $ 5,501,700
SCHEDULE OF PROGRAMS:
CENTER FOR EDUCATIONAL PERFORMANCE AND INFORMATION.... 8,394,900 8,394,900
STUDENT ASSESSMENTS................................... 43,444,400 34,944,400
DATA COLLECTION AND REPORTING COSTS................... 34,064,500 34,064,500
(9) ALL OTHER AVAILABLE FEDERAL FUNDS ARE APPROPRIATED FOR THE FISCAL YEAR ENDING
SEPTEMBER 30, 2012 AND ARE ANTICIPATED TO BE APPROPRIATED FOR THE FISCAL YEAR ENDING
SEPTEMBER 30, 2013.
(10) Any general fund allocations under this SECTION 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. 193. (1) FROM THE APPROPRIATION IN SECTION 191, SUBJECT TO THE CONDITIONS SET
FORTH IN SECTIONS 173A THROUGH 176G OF THIS ACT, THE AMOUNTS LISTED IN THIS SECTION FOR
COMMUNITY COLLEGES AND CERTAIN OTHER STATE PURPOSES RELATING TO EDUCATION ARE APPROPRIATED
FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2012, AND ARE ANTICIPATED TO BE APPROPRIATED FOR
THE FISCAL YEAR ENDING SEPTEMBER 30, 2013, FROM THE FUNDS INDICATED IN THIS SECTION:
COMMUNITY COLLEGES
APPROPRIATION SUMMARY
GROSS APPROPRIATION..................................... $ 295,880,500 $ 295,880,500
TOTAL INTERDEPARTMENTAL GRANTS AND
INTRADEPARTMENTAL TRANSFERS........................... 0 0
ADJUSTED GROSS APPROPRIATION............................ $ 295,880,500 $ 295,880,500
TOTAL FEDERAL REVENUES.................................. 0 0
TOTAL LOCAL REVENUES.................................... 0 0
TOTAL PRIVATE REVENUES.................................. 0 0
TOTAL OTHER STATE RESTRICTED REVENUES................... 195,880,500 195,880,500
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 100,000,000 $ 100,000,000
(2) OPERATIONS
ALPENA COMMUNITY COLLEGE................................ $ 5,126,100 $ 5,126,100
BAY DE NOC COMMUNITY COLLEGE ........................... 5,178,400 5,178,400
DELTA COLLEGE........................................... 13,751,600 13,751,600
GLEN OAKS COMMUNITY COLLEGE............................. 2,304,800 2,304,800
GOGEBIC COMMUNITY COLLEGE............................... 4,275,200 4,275,200
GRAND RAPIDS COMMUNITY COLLEGE.......................... 17,219,800 17,219,800
HENRY FORD COMMUNITY COLLEGE............................ 20,898,900 20,898,900
JACKSON COMMUNITY COLLEGE............................... 11,542,300 11,542,300
KALAMAZOO VALLEY COMMUNITY COLLEGE...................... 11,888,600 11,888,600
KELLOGG COMMUNITY COLLEGE............................... 9,311,800 9,311,800
KIRTLAND COMMUNITY COLLEGE.............................. 2,842,800 2,842,800
LAKE MICHIGAN COLLEGE................................... 5,012,100 5,012,100
LANSING COMMUNITY COLLEGE............................... 29,762,500 29,762,500
MACOMB COMMUNITY COLLEGE................................ 31,773,900 31,773,900
MID MICHIGAN COMMUNITY COLLEGE.......................... 4,289,200 4,289,200
MONROE COUNTY COMMUNITY COLLEGE......................... 4,142,800 4,142,800
MONTCALM COMMUNITY COLLEGE.............................. 2,981,600 2,981,600
C.S. MOTT COMMUNITY COLLEGE............................. 15,016,400 15,016,400
MUSKEGON COMMUNITY COLLEGE.............................. 8,518,600 8,518,600
NORTH CENTRAL MICHIGAN COLLEGE.......................... 2,893,600 2,893,600
NORTHWESTERN MICHIGAN COLLEGE........................... 8,682,000 8,682,000
OAKLAND COMMUNITY COLLEGE............................... 20,133,700 20,133,700
ST. CLAIR COUNTY COMMUNITY COLLEGE...................... 6,729,800 6,729,800
SCHOOLCRAFT COLLEGE..................................... 11,767,000 11,767,000
SOUTHWESTERN MICHIGAN COLLEGE........................... 6,276,900 6,276,900
WASHTENAW COMMUNITY COLLEGE............................. 12,149,000 12,149,000
WAYNE COUNTY COMMUNITY COLLEGE.......................... 15,889,900 15,889,900
WEST SHORE COMMUNITY COLLEGE............................ 2,198,500 2,198,500
GROSS APPROPRIATION..................................... $ 292,557,800 $ 292,557,800
APPROPRIATED FROM:
STATE RESTRICTED REVENUES............................... 195,880,500 195,880,500
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 96,677,300 $ 96,677,300
(3) GRANTS
AT-RISK STUDENT SUCCESS PROGRAM......................... $ 3,322,700 $ 3,322,700
GROSS APPROPRIATION..................................... $ 3,322,700 $ 3,322,700
APPROPRIATED FROM:
STATE RESTRICTED REVENUES............................... 0 0
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 3,322,700 $ 3,322,700
SEC. 194. (1) FROM THE APPROPRIATION IN SECTION 191, SUBJECT TO THE CONDITIONS SET
FORTH IN SECTIONS 181A THROUGH 186B OF THIS ACT, THE AMOUNTS LISTED IN THIS SECTION FOR
HIGHER EDUCATION ARE APPROPRIATED FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2012, AND ARE
ANTICIPATED TO BE APPROPRIATED FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2013, FROM THE
FUNDS INDICATED IN THIS SECTION:
HIGHER EDUCATION
APPROPRIATION SUMMARY
FULL-TIME EQUATED CLASSIFIED POSITIONS................ 1.0 1.0
GROSS APPROPRIATION..................................... $ 1,362,278,400 $ 1,371,038,400
TOTAL INTERDEPARTMENTAL GRANTS AND
INTRADEPARTMENTAL TRANSFERS........................... 0 0
ADJUSTED GROSS APPROPRIATION............................ $ 1,362,278,400 $ 1,371,038,400
TOTAL FEDERAL REVENUES.................................. 98,326,400 107,086,400
TOTAL LOCAL REVENUES.................................... 0 0
TOTAL PRIVATE REVENUES.................................. 0 0
TOTAL OTHER STATE RESTRICTED REVENUES................... 699,919,500 699,919,500
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 564,032,500 $ 564,032,500
(2) RESEARCH UNIVERSITIES
(A) MICHIGAN STATE UNIVERSITY
OPERATIONS.............................................. $ 222,796,200
TUITION RESTRAINT INCENTIVE............................. 18,324,600
AGRICULTURAL EXPERIMENT AND COOPERATIVE
EXTENSION ACTIVITIES.................................. 52,625,800 52,625,800
GROSS APPROPRIATION..................................... $ 293,746,600 $ 52,625,800
APPROPRIATED FROM:
STATE RESTRICTED REVENUES............................... 139,754,800
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 153,991,800 $ 52,625,800
(B) UNIVERSITY OF MICHIGAN - ANN ARBOR
OPERATIONS.............................................. $ 254,931,800
TUITION RESTRAINT INCENTIVE............................. 13,871,500
GROSS APPROPRIATION..................................... $ 268,803,300
APPROPRIATED FROM:
STATE RESTRICTED REVENUES............................... 155,799,800
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 113,003,500
(C) WAYNE STATE UNIVERSITY
OPERATIONS.............................................. $ 169,209,400
TUITION RESTRAINT INCENTIVE............................. 12,827,500
GROSS APPROPRIATION..................................... $ 182,036,900
APPROPRIATED FROM:
STATE RESTRICTED REVENUES............................... 105,509,500
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 76,527,400
(3) STATE UNIVERSITIES
(A) CENTRAL MICHIGAN UNIVERSITY
OPERATIONS.............................................. $ 61,431,100
TUITION RESTRAINT INCENTIVE............................. 6,677,800
GROSS APPROPRIATION..................................... $ 68,108,900
APPROPRIATED FROM:
STATE RESTRICTED REVENUES............................... 39,476,300
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 28,632,600
(B) EASTERN MICHIGAN UNIVERSITY
OPERATIONS.............................................. $ 61,319,900
TUITION RESTRAINT INCENTIVE............................. 3,299,200
GROSS APPROPRIATION..................................... $ 64,619,100
APPROPRIATED FROM:
STATE RESTRICTED REVENUES............................... 37,453,600
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 27,165,500
(C) FERRIS STATE UNIVERSITY
OPERATIONS.............................................. $ 37,971,600
TUITION RESTRAINT INCENTIVE............................. 3,352,700
GROSS APPROPRIATION..................................... $ 41,324,300
APPROPRIATED FROM:
STATE RESTRICTED REVENUES............................... 23,951,900
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 17,372,400
(D) GRAND VALLEY STATE UNIVERSITY
OPERATIONS.............................................. $ 48,431,500
TUITION RESTRAINT INCENTIVE............................. 4,245,900
GROSS APPROPRIATION..................................... $ 52,677,400
APPROPRIATED FROM:
STATE RESTRICTED REVENUES............................... 30,532,100
STATE GENERAL FUND/GENERAL PURPOSE...................... 22,145,300
(E) LAKE SUPERIOR STATE UNIVERSITY
OPERATIONS.............................................. $ 10,055,100
TUITION RESTRAINT INCENTIVE............................. 734,400
GROSS APPROPRIATION..................................... $ 10,789,500
APPROPRIATED FROM:
STATE RESTRICTED REVENUES............................... 6,253,700
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 4,535,800
(F) MICHIGAN TECHNOLOGICAL UNIVERSITY
OPERATIONS.............................................. $ 37,409,700
TUITION RESTRAINT INCENTIVE............................. 3,323,900
GROSS APPROPRIATION..................................... $ 40,733,600
APPROPRIATED FROM:
STATE RESTRICTED REVENUES............................... 23,609,400
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 17,124,200
(G) NORTHERN MICHIGAN UNIVERSITY
OPERATIONS.............................................. $ 36,225,200
TUITION RESTRAINT INCENTIVE............................. 2,142,200
GROSS APPROPRIATION..................................... $ 38,367,400
APPROPRIATED FROM:
STATE RESTRICTED REVENUES............................... 22,237,900
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 16,129,500
(H) OAKLAND UNIVERSITY
OPERATIONS.............................................. $ 39,313,500
TUITION RESTRAINT INCENTIVE............................. 3,831,500
GROSS APPROPRIATION..................................... $ 43,145,000
APPROPRIATED FROM:
STATE RESTRICTED REVENUES............................... 25,007,100
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 18,137,900
(I) SAGINAW VALLEY STATE UNIVERSITY
OPERATIONS.............................................. $ 21,969,300
TUITION RESTRAINT INCENTIVE............................. 1,592,200
GROSS APPROPRIATION..................................... $ 23,561,500
APPROPRIATED FROM:
STATE RESTRICTED REVENUES............................... 13,656,300
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 9,905,200
(J) UNIVERSITY OF MICHIGAN – DEARBORN
OPERATIONS.............................................. $ 19,627,400
TUITION RESTRAINT INCENTIVE............................. 1,388,900
GROSS APPROPRIATION..................................... $ 21,016,300
APPROPRIATED FROM:
STATE RESTRICTED REVENUES............................... 12,181,100
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 8,835,200
(K) UNIVERSITY OF MICHIGAN – FLINT
OPERATIONS.............................................. $ 16,679,400
TUITION RESTRAINT INCENTIVE............................. 1,083,000
GROSS APPROPRIATION..................................... $ 17,762,400
APPROPRIATED FROM:
STATE RESTRICTED REVENUES............................... 10,295,200
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 7,467,200
(L) WESTERN MICHIGAN UNIVERSITY
OPERATIONS.............................................. $ 86,866,700
TUITION RESTRAINT INCENTIVE............................. 6,301,600
GROSS APPROPRIATION..................................... $ 93,168,300
APPROPRIATED FROM:
STATE RESTRICTED REVENUES............................... 54,000,800
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 39,167,500
(4) UNIVERSITY FUNDING
UNIVERSITY FUNDING...................................... $ $ 1,207,234,700
GROSS APPROPRIATION..................................... $ $ 1,207,234,700
APPROPRIATED FROM:
STATE RESTRICTED REVENUES............................... 699,719,500
STATE GENERAL FUND/GENERAL PURPOSE...................... $ $ 507,515,200
(5) STATEWIDE PROGRAMS
FULL-TIME EQUATED CLASSIFIED POSITIONS................ 1.0 1.0
STATEWIDE PROGRAMS – 1.0 FTE POSITION................... $ 2,891,500 $ 2,891,500
GROSS APPROPRIATION..................................... $ 2,891,500 $ 2,891,500
APPROPRIATED FROM:
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 2,891,500 $ 2,891,500
SCHEDULE OF PROGRAMS:
MARTIN LUTHER KING, JR. – CESAR CHAVEZ – ROSA
PARKS PROGRAM....................................... 2,691,500 2,691,500
HIGHER EDUCATION DATABASE MODERNIZATION AND
CONVERSION.......................................... 105,000 105,000
MIDWESTERN HIGHER EDUCATION COMPACT................... 95,000 95,000
(6) GRANTS AND FINANCIAL AID
STUDENT FINANCIAL AID................................... $ 99,526,400 $ 108,286,400
GROSS APPROPRIATION..................................... $ 99,526,400 $ 108,286,400
APPROPRIATED FROM:
FEDERAL REVENUES........................................ 98,326,400 107,086,400
STATE RESTRICTED REVENUES............................... 200,000 200,000
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 1,000,000 $ 1,000,000
SCHEDULE OF PROGRAMS:
PATHWAY TO HIGHER EDUCATION PROGRAM................... 51,526,400 51,526,400
TUITION INCENTIVE PROGRAM............................. 43,800,000 52,560,000
ROBERT C. BYRD HONORS SCHOLARSHIP PROGRAM............. 1,500,000 1,500,000
CHILDREN OF VETERANS AND OFFICER’S SURVIVOR
TUITION PROGRAM..................................... 1,200,000 1,200,000
PROJECT GEAR-UP....................................... 1,500,000 1,500,000
SEC. 195. (1) The appropriations under section 191 shall be allocated as provided in
this act. If the maximum amount appropriated under section 191 from the state school aid
fund for a fiscal year exceeds the amount necessary to fully fund allocations under this
act from the state school aid fund, that excess amount shall not be expended in that state
fiscal year and shall not lapse to the general fund, but instead shall be deposited into
the school aid stabilization fund created in section 11a.
(2) If the maximum amount appropriated under section 191 from the state school aid
fund and the school aid stabilization fund for a fiscal year exceeds the amount available
for expenditure from the state school aid fund for that fiscal year, payments under
sections 11g, 11j, 22a, 26a, 26b, 31d, 31f, 51a(2), 51a(9), 51c, 53a, and 152a shall be
made in full. In addition, for districts beginning operations after 1994-95 that qualify
for payments under section 22b, payments under section 22b shall be made so that the
qualifying districts receive the lesser of an amount equal to the 1994-95 foundation
allowance of the district in which the district beginning operations after 1994-95 is
located or $5,500.00. The amount of the payment to be made under section 22b for these
qualifying districts shall be as calculated under section 22a, with the balance of the
payment under section 22b being subject to the proration otherwise provided under this
subsection and subsection (3). If proration is necessary, state payments under each of the
other sections of this act from all state funding sources shall be prorated in the manner
prescribed in subsection (3) as necessary to reflect the amount available for expenditure
from the state school aid fund for the affected fiscal year. However, if the department of
treasury determines that proration will be required under this subsection, or if the
department of treasury determines that further proration is required under this subsection
after an initial proration has already been made for a fiscal year, the department of
treasury shall notify the state budget director, and the state budget director shall notify
the legislature at least 30 calendar days or 6 legislative session days, whichever is more,
before the department reduces any payments under this act because of the proration. During
the 30 calendar day or 6 legislative session day period after that notification by the
state budget director, the department shall not reduce any payments under this act because
of proration under this subsection. The legislature may prevent proration from occurring
by, within the 30 calendar day or 6 legislative session day period after that notification
by the state budget director, enacting legislation appropriating additional funds from the
general fund, countercyclical budget and economic stabilization fund, state school aid fund
balance, or another source to fund the amount of the projected shortfall.
(3) If proration is necessary under subsection (2), the department shall calculate
the proration in district and intermediate district payments that is required under
subsection (2) as follows:
(a) The department shall calculate the percentage of total state school aid allocated
under this act for the affected fiscal year for each of the following:
(i) Districts.
(ii) Intermediate districts.
(iii) Entities other than districts or intermediate districts.
(b) The department shall recover a percentage of the proration amount required under
subsection (2) that is equal to the percentage calculated under subdivision (a)(i) for
districts by reducing payments to districts. This reduction shall be made by calculating an
equal dollar amount per pupil as necessary to recover this percentage of the proration
amount and reducing each district's total state school aid from state sources, other than
payments under sections 11g, 11j, 22a, 26a, 26b, 31d, 31f, 51a(2), 51a(9), 51c, 53a, and
152a, by that amount.
(c) The department shall recover a percentage of the proration amount required under
subsection (2) that is equal to the percentage calculated under subdivision (a)(ii) for
intermediate districts by reducing payments to intermediate districts. This reduction shall
be made by reducing the payments to each intermediate district, other than payments under
sections 11g, 26a, 26b, 51a(2), 51a(9), 53a, and 152a, on an equal percentage basis.
(d) The department shall recover a percentage of the proration amount required under
subsection (2) that is equal to the percentage calculated under subdivision (a)(iii) for
entities other than districts and intermediate districts by reducing payments to these
entities. This reduction shall be made by reducing the payments to each of these entities,
other than payments under sections 11j, 26a, and 26b, on an equal percentage basis.
Enacting section 1. (1) In accordance with section 30 of article I of the state
constitution of 1963, total state spending on school aid in this amendatory act from state
sources for fiscal year 2011-2012 is estimated at $10,520,227,300.00 and state
appropriations for school aid to be paid to local units of government for fiscal year 2011-
2012 are estimated at $10,364,473,300.00.
(2) In accordance with section 30 of article I of the state constitution of 1963,
total state spending on community colleges in this amendatory act from state sources for
fiscal year 2011-2012 is estimated at $295,880,500.00 and state appropriations for
community colleges to be paid to local units of government for fiscal year 2011-2012 are
estimated at $295,880,500.00.
(3) In accordance with section 30 of article I of the state constitution of 1963,
total state spending on higher education in this amendatory act from state sources for
fiscal year 2011-2012 is estimated at $1,263,952,000.00 and state appropriations for higher
education to be paid to local units of government for fiscal year 2011-2012 are estimated
at $0.00.
Enacting section 2. Sections 11, 11d, 11p, 20j, 20k, 22d, 22e, 29, 32c, 41, 64, 65,
92, 93, 99i, 99p, 158b, 166c, 171, and 172 of the state school aid act of 1979, 1979 PA 94,
MCL 388.1611, 388.1611d, 388.1611p, 388.1620j, 388.1620k, 388.1622d, 388.1622e, 388.1629,
388.1632c, 388.1641, 388.1664, 388.1665, 388.1692, 388.1693, 388.1699i, 388.1699p,
388.1758b, 388.1766c, 388.1771, and 388.1772, are repealed effective October 1, 2011.
Enacting section 3. This amendatory act takes effect October 1, 2011.
