Bill Text: MI SB0222 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Appropriations; school aid; omnibus appropriations for school aid, higher education, and community colleges; provide for. Amends secs. 6, 11, 11a, 11g, 11j, 11k, 11m, 15, 18, 18b, 19, 20, 20d, 22a, 22b, 22d, 22f, 22i, 22j, 24, 24a, 24c, 25, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39, 39a, 51a, 51b, 51c, 51d, 53a, 54, 56, 61a, 62, 74, 81, 94a, 95, 98, 99, 101, 102, 104, 107, 147, 147a, 147b, 147c & 152a of 1979 PA 94 (MCL 388.1606 et seq.); adds secs. 21f, 22c, 22k, 201, 202, 202a, 203, 206, 207, 207a, 207b, 207c, 209, 210, 213, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 229, 230, 230a, 231, 236, 236b, 237, 237b, 238, 241, 242, 243, 244, 245, 246, 251, 252, 253, 254, 255, 256a, 257, 258, 259, 263, 263a, 264, 265, 265a, 267, 269, 270, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 289, 291, 293a & 293b & repeals secs. 11q, 11t, 11u, 12, 22g, 22h, 25d, 32g, 32l, 93, 101a & 166 of 1979 PA 94 (MCL 388.1611q et seq.) & repeals art. II & art. III of 1979 PA 94 (MCL 388.1801 - 388.1893a).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-02-27 - Referred To Committee On Appropriations [SB0222 Detail]
Download: Michigan-2013-SB0222-Introduced.html
SENATE BILL No. 222
February 27, 2013, 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 6, 11, 11a, 11g, 11j, 11k, 11m, 15, 18, 18b, 19, 20, 20d, 22a,
22b, 22d, 22f, 22i, 22j, 24, 24a, 24c, 25, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39,
39a, 51a, 51b, 51c, 51d, 53a, 54, 56, 61a, 62, 74, 81, 94a, 95, 98, 99, 101, 102, 104,
107, 147, 147a, 147b, 147c, and 152a (MCL 388.1606, 388.1611, 388.1611a, 388.1611g,
388.1611j, 388.1611k, 388.1611m, 388.1615, 388.1618, 388.1618b, 388.1619, 388.1620,
388.1620d, 388.1622a, 388.1622b, 388.1622d, 388.1622f, 388.1622i, 388.1622j, 388.1624,
388.1624a, 388.1624c, 388.1625, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631d,
388.1631f, 388.1632d, 388.1632p, 388.1639, 388.1639a, 388.1651a, 388.1651b, 388.1651c,
388.1651d, 388.1653a, 388.1654, 388.1656, 388.1661a, 388.1662, 388.1674, 388.1681,
388.1694a, 388.1695, 388.1698, 388.1699, 388.1701, 388.1702, 388.1704, 388.1707,
388.1747, 388.1747a, 388.1747b, 388.1747c, and 388.1752a), sections 6, 11, 25, and 26b
as amended by 2012 PA 465, sections 11a, 11g 11j, 11k, 11m, 18, 19, 20, 20d, 22a, 22b,
22d, 22f, 24, 24a, 24c, 26a, 31a, 31d, 31f, 32d, 39, 39a, 51a, 51c, 51d, 53a, 54, 56,
61a, 62, 74, 81, 94a, 98, 99, 102, 104, 107, 147, 147a, 147b, and 152a, as amended and
sections 22i, 22j, 26c, 32p, 95, and 147c as added by 2012 PA 201, section 15 as
amended by 2012 PA 286, section 18b as amended by 2008 PA 268, section 51b as added by
1996 PA 300, section 101 as amended by 2012 PA 516, and by adding sections 21f, 22c,
22k, 201, 202, 202a, 203, 206, 207, 207a, 207b, 207c, 209, 210, 213, 217, 218, 219,
220, 221, 222, 223, 224, 225, 226, 229, 230, 230a, 231, 236, 236b, 237, 237b, 238,
241, 242, 243, 244, 245, 246, 251, 252, 253, 254, 255, 256a, 257, 258, 259, 263, 263a,
264, 265, 265a, 267, 269, 270, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285,
286, 289, 291, 293a, and 293b; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
ARTICLE I
Sec. 6. (1) "Center program" means a program operated by a district or by an
intermediate district for special education pupils from several districts in programs
for pupils with autism spectrum disorder, pupils with severe cognitive impairment,
pupils with moderate cognitive impairment, pupils with severe multiple impairments,
pupils with hearing impairment, pupils with visual impairment, and pupils with
physical impairment or other health impairment. Programs for pupils with emotional
impairment housed in buildings that do not serve regular education pupils also
qualify. Unless otherwise approved by the department, a center program either shall
serve all constituent districts within an intermediate district or shall serve several
districts with less than 50% of the pupils residing in the operating district. In
addition, special education center program pupils placed part-time in noncenter
programs to comply with the least restrictive environment provisions of section 612 of
part B of the individuals with disabilities education act, 20 USC 1412, may be
considered center program pupils for pupil accounting purposes for the time scheduled
in either a center program or a noncenter program.
(2) "District and high school graduation rate" means the annual completion and
pupil dropout rate that is calculated by the center pursuant to nationally recognized
standards.
(3) "District and high school graduation report" means a report of the number
of pupils, excluding adult participants, in the district for the immediately preceding
school year, adjusted for those pupils who have transferred into or out of the
district or high school, who leave high school with a diploma or other credential of
equal status.
(4) "Membership", except as otherwise provided in this article, means for a
district, a public school academy, the education achievement system, or an
intermediate district the sum of the product of .90 times the number of full-time
equated pupils in grades K to 12 actually enrolled and in regular daily attendance on
the pupil membership count day for the current school year, plus the product of .10
times the final audited count from the supplemental count day for the immediately
preceding school year. A district’s, public school academy’s, or intermediate
district’s membership shall be adjusted as provided under section 25 for pupils who
enroll in the district, public school academy, or intermediate district after the
pupil membership count day. All pupil counts used in this subsection are as determined
by the department and calculated by adding the number of pupils registered for
attendance plus pupils received by transfer and minus pupils lost as defined by rules
promulgated by the superintendent, and as corrected by a subsequent department audit.
For the purposes of this section and section 6a, for a school of excellence that is a
cyber school, as defined in section 551 of the revised school code, MCL 380.551, and
is in compliance with section 553a of the
revised school code, MCL 380.553a, or for
the education achievement system, a pupil’s
participation in the cyber school’s
educational program or, FOR THE EDUCATION ACHIEVEMENT SYSTEM A PUPIL’S PARTICIPATION
in an online educational program of the education achievement system or of an
achievement school, OR FOR A DISTRICT THE PUPIL’S PARTICIPATION IN AN ONLINE COURSE AS
DEFINED IN SECTION 21F is considered regular daily attendance. The amount of the
foundation allowance for a pupil in membership is determined under section 20. In
making the calculation of membership, all of the following, as applicable, apply to
determining the membership of a district, a public school academy, the education
achievement system, or an intermediate district:
(a) Except as otherwise provided in this subsection, and pursuant to subsection
(6), a pupil shall be counted in membership in the pupil’s educating district or
districts. An individual pupil shall not be counted for more than a total of 1.0 full-
time equated membership.
(b) If a pupil is educated in a district other than the pupil’s district of
residence, if the pupil is not being educated as part of a cooperative education
program, if the pupil’s district of residence does not give the educating district its
approval to count the pupil in membership in the educating district, and if the pupil
is not covered by an exception specified in subsection (6) to the requirement that the
educating district must have the approval of the pupil’s district of residence to
count the pupil in membership, the pupil shall not be counted in membership in any
district.
(c) A special education pupil educated by the intermediate district shall be
counted in membership in the intermediate district.
(d) A pupil placed by a court or state agency in an on-grounds program of a
juvenile detention facility, a child caring institution, or a mental health
institution, or a pupil funded under section 53a, shall be counted in membership in
the district or intermediate district approved by the department to operate the
program.
(e) A pupil enrolled in the Michigan schools for the deaf and blind shall be
counted in membership in the pupil’s intermediate district of residence.
(f) A pupil enrolled in a career and technical education program supported by a
millage levied over an area larger than a single district or in an area vocational-
technical education program established pursuant to section 690 of the revised school
code, MCL 380.690, shall be counted only in the pupil’s district of residence.
(g) A pupil enrolled in a public school academy shall be counted in membership
in the public school academy.
(h) A pupil enrolled in an achievement school shall be counted in membership in
the education achievement system.
(i) For a new district or public school academy beginning its operation after
December 31, 1994, or for the education achievement system or an achievement school,
membership for the first 2 full or partial fiscal years of operation shall be
determined as follows:
(i) If operations begin before the pupil membership count day for the fiscal
year, membership is the average number of full-time equated pupils in grades K to 12
actually enrolled and in regular daily attendance on the pupil membership count day
for the current school year and on the supplemental count day for the current school
year, as determined by the department and calculated by adding the number of pupils
registered for attendance on the pupil membership count day plus pupils received by
transfer and minus pupils lost as defined by rules promulgated by the superintendent,
and as corrected by a subsequent department audit, plus the final audited count from
the supplemental count day for the current school year, and dividing that sum by 2.
(ii) If operations begin after the pupil membership count day for the fiscal
year and not later than the supplemental count day for the fiscal year, membership is
the final audited count of the number of full-time equated pupils in grades K to 12
actually enrolled and in regular daily attendance on the supplemental count day for
the current school year.
(j) If a district is the authorizing body for a public school academy, then, in
the first school year in which pupils are counted in membership on the pupil
membership count day in the public school academy, the determination of the district’s
membership shall exclude from the district’s pupil count for the immediately preceding
supplemental count day any pupils who are counted in the public school academy on that
first pupil membership count day who were also counted in the district on the
immediately preceding supplemental count day.
(k) In a district, a public school academy, the education achievement system,
or an intermediate district operating an extended school year program approved by the
superintendent, a pupil enrolled, but not scheduled to be in regular daily attendance
on a pupil membership count day, shall be counted.
(l) To be counted in membership, a pupil shall meet the minimum age requirement
to be eligible to attend school under section 1147 of the revised school code, MCL
380.1147, or shall be enrolled under subsection (3) of that section, and shall be less
than 20 years of age on September 1 of the school year except as follows:
(i) A special education pupil who is enrolled and receiving instruction in a
special education program or service approved by the department, who does not have a
high school diploma, and who is less than 26 years of age as of September 1 of the
current school year shall be counted in membership.
(ii) A pupil who is determined by the department to meet all of the following
may be counted in membership:
(A) Is enrolled in a public school academy or an alternative education high
school diploma program, that is primarily focused on educating homeless pupils and
that is located in a city with a population of more than 500,000.
(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
pupil with a disability as defined in R 340.1702 of the Michigan administrative code.
An individual participating in a job training program funded under former section 107a
or a jobs program funded under former section 107b, administered by the Michigan
strategic fund, or participating in any successor of either of those 2 programs, shall
not be counted in membership.
(n) If a pupil counted in membership in a public school academy or the
education achievement system is also educated by a district or intermediate district
as part of a cooperative education program, the pupil shall be counted in membership
only in the public school academy or the education achievement system unless a written
agreement signed by all parties designates the party or parties in which the pupil
shall be counted in membership, and the instructional time scheduled for the pupil in
the district or intermediate district shall be included in the full-time equated
membership determination under subdivision (q). However, for pupils receiving
instruction in both a public school academy or the education achievement system and in
a district or intermediate district but not as a part of a cooperative education
program, the following apply:
(i) If the public school academy or the education achievement system provides
instruction for at least 1/2 of the class hours specified in subdivision (q), the
public school academy or the education achievement system shall receive as its
prorated share of the full-time equated membership for each of those pupils an amount
equal to 1 times the product of the hours of instruction the public school academy or
the education achievement system provides divided by the number of hours specified in
subdivision (q) for full-time equivalency, and the remainder of the full-time
membership for each of those pupils shall be allocated to the district or intermediate
district providing the remainder of the hours of instruction.
(ii) If the public school academy or the education achievement system provides
instruction for less than 1/2 of the class hours specified in subdivision (q), the
district or intermediate district providing the remainder of the hours of instruction
shall receive as its prorated share of the full-time equated membership for each of
those pupils an amount equal to 1 times the product of the hours of instruction the
district or intermediate district provides divided by the number of hours specified in
subdivision (q) for full-time equivalency, and the remainder of the full-time
membership for each of those pupils shall be allocated to the public school academy or
the education achievement system.
(o) An individual less than 16 years of age as of September 1 of the current
school year who is being educated in an alternative education program shall not be
counted in membership if there are also adult education participants being educated in
the same program or classroom.
(p) The department shall give a uniform interpretation of full-time and part-
time memberships.
(q) The number of class hours used to calculate full-time equated memberships
shall be consistent with section 101(3). In determining full-time equated memberships
for pupils who are enrolled in a postsecondary institution, a pupil shall not be
considered to be less than a full-time equated pupil solely because of the effect of
his or her postsecondary enrollment, including necessary travel time, on the number of
class hours provided by the district to the pupil.
(r) Beginning in 2012-2013, full-time equated memberships for pupils in
kindergarten shall be determined by dividing the number of instructional hours
scheduled and provided per year per kindergarten pupil by the same number used for
determining full-time equated memberships for pupils in grades 1 to 12. However, to
the extent allowable under federal law, for a district or public school academy that
provides evidence satisfactory to the department that it used federal title I money in
the 2 immediately preceding school fiscal years to fund full-time kindergarten, full-
time equated memberships for pupils in kindergarten shall be determined by dividing
the number of class hours scheduled and provided per year per kindergarten pupil by a
number equal to 1/2 the number used for determining full-time equated memberships for
pupils in grades 1 to 12. Not later than
December 1, 2012, the department shall seek a
clarification from the federal department of
education as to whether this is an
allowable use of federal title I money. The
change in the counting of full-time
equated memberships for pupils in
kindergarten that takes effect in 2012-2013 is not a
mandate. Not later than the fifth Wednesday
after the pupil membership count day, each
district or public school academy and the
education achievement system shall report to
the department and the center the number of
instructional hours scheduled per
kindergarten pupil for 2012-2013. If the
number of instructional hours scheduled per
kindergarten pupil is not equal for all
kindergarten pupils in the district, the
district or public school academy and the
education achievement system shall report
the number of kindergarten pupils who were
scheduled to receive each of the different
numbers of instructional hours scheduled.
(s) For a district, a public school academy, or the education achievement
system that has pupils enrolled in a grade level that was not offered by the district,
the public school academy, or the education achievement system in the immediately
preceding school year, the number of pupils enrolled in that grade level to be counted
in membership is the average of the number of those pupils enrolled and in regular
daily attendance on the pupil membership count day and the supplemental count day of
the current school year, as determined by the department. Membership shall be
calculated by adding the number of pupils registered for attendance in that grade
level on the pupil membership count day plus pupils received by transfer and minus
pupils lost as defined by rules promulgated by the superintendent, and as corrected by
subsequent department audit, plus the final audited count from the supplemental count
day for the current school year, and dividing that sum by 2.
(t) A pupil enrolled in a cooperative education program may be counted in
membership in the pupil’s district of residence with the written approval of all
parties to the cooperative agreement.
(u) If, as a result of a disciplinary action, a district determines through the
district’s alternative or disciplinary education program that the best instructional
placement for a pupil is in the pupil’s home or otherwise apart from the general
school population, if that placement is authorized in writing by the district
superintendent and district alternative or disciplinary education supervisor, and if
the district provides appropriate instruction as described in this subdivision to the
pupil at the pupil’s home or otherwise apart from the general school population, the
district may count the pupil in membership on a pro rata basis, with the proration
based on the number of hours of instruction the district actually provides to the
pupil divided by the number of hours specified in subdivision (q) for full-time
equivalency. For the purposes of this subdivision, a district shall be considered to
be providing appropriate instruction if all of the following are met:
(i) The district provides at least 2 nonconsecutive hours of instruction per
week to the pupil at the pupil’s home or otherwise apart from the general school
population under the supervision of a certificated teacher.
(ii) The district provides
instructional materials, resources, and supplies,
except computers, that are comparable
to those otherwise provided in the district’s
alternative education program.
(iii) Course content is comparable to that in the district’s alternative
education program.
(iv) Credit earned is awarded to the pupil and placed on the pupil’s
transcript.
(v) A pupil enrolled in an alternative or disciplinary education program
described in section 25 shall be counted in membership in the district, the public
school academy, or the education achievement system that is educating the pupil.
(w) If a pupil was enrolled in a public school academy on the pupil membership
count day, if the public school academy’s contract with its authorizing body is
revoked or the public school academy otherwise ceases to operate, and if the pupil
enrolls in a district or the education achievement system within 45 days after the
pupil membership count day, the department shall adjust the district’s or the
education achievement system’s pupil count for the pupil membership count day to
include the pupil in the count.
(x) For a public school academy that has been in operation for at least 2 years
and that suspended operations for at least 1 semester and is resuming operations,
membership is the sum of the product of .90 times the number of full-time equated
pupils in grades K to 12 actually enrolled and in regular daily attendance on the
first pupil membership count day or supplemental count day, whichever is first,
occurring after operations resume, plus the product of .10 times the final audited
count from the most recent pupil membership count day or supplemental count day that
occurred before suspending operations, as determined by the superintendent.
(y) If a district’s membership for a particular fiscal year, as otherwise
calculated under this subsection, would be less than 1,550 pupils and the district has
4.5 or fewer pupils per square mile, as
determined by the department, and, beginning
in 2007-2008, if the district does
not receive funding under section 22d(2), the
district’s membership shall be considered to be the membership figure calculated under
this subdivision. If a district educates and counts in its membership pupils in grades
9 to 12 who reside in a contiguous district that does not operate grades 9 to 12 and
if 1 or both of the affected districts request the department to use the determination
allowed under this sentence, the department shall include the square mileage of both
districts in determining the number of pupils per square mile for each of the
districts for the purposes of this subdivision. The membership figure calculated under
this subdivision is the greater of the following:
(i) The average of the district’s membership for the 3-fiscal-year period
ending with that fiscal year, calculated by adding the district’s actual membership
for each of those 3 fiscal years, as otherwise calculated under this subsection, and
dividing the sum of those 3 membership figures by 3.
(ii) The district’s actual membership for that fiscal year as otherwise
calculated under this subsection.
(z) If a public school academy that is not in its first or second year of
operation closes at the end of a school year and does not reopen for the next school
year, the department shall adjust the membership count of the district or the
education achievement system in which a former pupil of the public school academy
enrolls and is in regular daily attendance for the next school year to ensure that the
district or the education achievement system receives the same amount of membership
aid for the pupil as if the pupil were counted in the district or the education
achievement system on the supplemental count day of the preceding school year.
(aa) Full-time equated memberships for special education pupils who are not
enrolled in kindergarten but are enrolled in a classroom program under R 340.1754 of
the Michigan administrative code shall be determined by dividing the number of class
hours scheduled and provided per year by 450. Full-time equated memberships for
special education pupils who are not enrolled in kindergarten but are receiving early
childhood special education services under R 340.1755 of the Michigan administrative
code shall be determined by dividing the number of hours of service scheduled and
provided per year per pupil by 180.
(bb) A pupil of a district that begins its school year after Labor day who is
enrolled in an intermediate district program that begins before Labor day shall not be
considered to be less than a full-time pupil solely due to instructional time
scheduled but not attended by the pupil before Labor day.
(cc) For the first year in which a pupil is counted in membership on the pupil
membership count day in a middle college program, the membership is the average of the
full-time equated membership on the pupil membership count day and on the supplemental
count day for the current school year, as determined by the department. If a pupil was
counted by the operating district on the immediately preceding supplemental count day,
the pupil shall be excluded from the district’s immediately preceding supplemental
count for purposes of determining the district’s membership.
(dd) A district, a public school academy, or the education achievement system
that educates a pupil who attends a United States Olympic education center may count
the pupil in membership regardless of whether or not the pupil is a resident of this
state.
(ee) A pupil enrolled in a district other than the pupil’s district of
residence pursuant to section 1148(2) of the revised school code, MCL 380.1148, shall
be counted in the educating district or the education achievement system.
(ff) For a pupil enrolled in a dropout recovery program that meets the
requirements of section 23a, the pupil shall be counted as 1/12 of a full-time equated
membership for each month that the district operating the program reports that the
pupil was enrolled in the program and was in full attendance. The district operating
the program shall report to the center the number of pupils who were enrolled in the
program and were in full attendance for a month not later than the tenth day of the
next month. A district shall not report a pupil as being in full attendance for a
month unless both of the following are met:
(i) A personalized learning plan is in place on or before the first school day
of the month for the first month the pupil participates in the program.
(ii) The pupil meets the district’s definition under section 23a of
satisfactory monthly progress for that month or, if the pupil does not meet that
definition of satisfactory monthly progress for that month, the pupil did meet that
definition of satisfactory monthly progress in the immediately preceding month and
appropriate interventions are implemented within 10 school days after it is determined
that the pupil does not meet that definition of satisfactory monthly progress.
(5) "Public school academy" means that term as defined in the revised school
code.
(6) "Pupil" means a person in membership in a public school. A district must
have the approval of the pupil’s district of residence to count the pupil in
membership, except approval by the pupil’s district of residence is not required for
any of the following:
(a) A nonpublic part-time pupil enrolled in grades 1 to 12 in accordance with
section 166b.
(b) A pupil receiving 1/2 or less of his or her instruction in a district other
than the pupil’s district of residence.
(c) A pupil enrolled in a public school academy or the education achievement
system.
(d) A pupil enrolled in a district other than the pupil’s district of residence
under an intermediate district schools of choice pilot program as described in section
91a or former section 91 if the intermediate district and its constituent districts
have been exempted from section 105.
(e) A pupil enrolled in a district other than the pupil’s district of residence
if the pupil is enrolled in accordance with section 105 or 105c.
(f) A pupil who has made an official written complaint or whose parent or legal
guardian has made an official written complaint to law enforcement officials and to
school officials of the pupil’s district of residence that the pupil has been the
victim of a criminal sexual assault or other serious assault, if the official
complaint either indicates that the assault occurred at school or that the assault was
committed by 1 or more other pupils enrolled in the school the pupil would otherwise
attend in the district of residence or by an employee of the district of residence. A
person who intentionally makes a false report of a crime to law enforcement officials
for the purposes of this subdivision is subject to section 411a of the Michigan penal
code, 1931 PA 328, MCL 750.411a, which provides criminal penalties for that conduct.
As used in this subdivision:
(i) "At school" means in a classroom, elsewhere on school premises, on a school
bus or other school-related vehicle, or at a school-sponsored activity or event
whether or not it is held on school premises.
(ii) "Serious assault" means an act that constitutes a felony violation of
chapter XI of the Michigan penal code, 1931 PA 328, MCL 750.81 to 750.90h, or that
constitutes an assault and infliction of serious or aggravated injury under section
81a of the Michigan penal code, 1931 PA 328, MCL 750.81a.
(g) A pupil whose district of residence changed after the pupil membership
count day and before the supplemental count day and who continues to be enrolled on
the supplemental count day as a nonresident in the district in which he or she was
enrolled as a resident on the pupil membership count day of the same school year.
(h) A pupil enrolled in an alternative education program operated by a district
other than his or her district of residence who meets 1 or more of the following:
(i) The pupil has been suspended or expelled from his or her district of
residence for any reason, including, but not limited to, a suspension or expulsion
under section 1310, 1311, or 1311a of the revised school code, MCL 380.1310, 380.1311,
and 380.1311a.
(ii) The pupil had previously dropped out of school.
(iii) The pupil is pregnant or is a parent.
(iv) The pupil has been referred to the program by a court.
(v) The pupil is enrolled in an alternative or disciplinary education program
described in section 25.
(i) A pupil enrolled in the Michigan virtual school, for the pupil’s enrollment
in the Michigan virtual school.
(j) A pupil who is the child of a person who works at the district or who is
the child of a person who worked at the district as of the time the pupil first
enrolled in the district but who no longer works at the district due to a workforce
reduction. As used in this subdivision, "child" includes an adopted child, stepchild,
or legal ward.
(k) An expelled pupil who has been denied reinstatement by the expelling
district and is reinstated by another school board under section 1311 or 1311a of the
revised school code, MCL 380.1311 and 380.1311a.
(l) A pupil enrolled in a district other than the pupil’s district of residence
in a middle college program if the pupil’s district of residence and the enrolling
district are both constituent districts of the same intermediate district.
(m) A pupil enrolled in a district other than the pupil’s district of residence
who attends a United States Olympic education center.
(n) A pupil enrolled in a district other than the pupil’s district of residence
pursuant to section 1148(2) of the revised school code, MCL 380.1148.
(o) A pupil who enrolls in a district other than the pupil’s district of
residence as a result of the pupil’s school not making adequate yearly progress under
the no child left behind act of 2001, Public Law 107-110.
(p) A pupil enrolled in a district
other than the pupil’s district of residence
as a qualifying pupil under section 22h(2).
(P) AN ONLINE LEARNING PUPIL ENROLLED IN A DISTRICT OTHER THAN THE PUPIL’S
DISTRICT OF RESIDENCE AS AN ELIGIBLE PUPIL UNDER SECTION 21F.
However, if a district educates pupils who reside in another district and if
the primary instructional site for those pupils is established by the educating
district after 2009-2010 and is located within the boundaries of that other district,
the educating district must have the approval of that other district to count those
pupils in membership.
(7) "Pupil membership count day" of a district or intermediate district means:
(a) Except as provided in subdivision (b), the first Wednesday in October each
school year or, for a district or building in which school is not in session on that
Wednesday due to conditions not within the control of school authorities, with the
approval of the superintendent, the immediately following day on which school is in
session in the district or building.
(b) For a district or intermediate district maintaining school during the
entire school year, the following days:
(i) Fourth Wednesday in July.
(ii) First Wednesday in October.
(iii) Second Wednesday in February.
(iv) Fourth Wednesday in April.
(8) "Pupils in grades K to 12 actually enrolled and in regular daily
attendance" means pupils in grades K to 12 in attendance and receiving instruction in
all classes for which they are enrolled on the pupil membership count day or the
supplemental count day, as applicable. Except as otherwise provided in this
subsection, a pupil who is absent from any of the classes in which the pupil is
enrolled on the pupil membership count day or supplemental count day and who does not
attend each of those classes during the 10 consecutive school days immediately
following the pupil membership count day or supplemental count day, except for a pupil
who has been excused by the district, shall not be counted as 1.0 full-time equated
membership. A pupil who is excused from attendance on the pupil membership count day
or supplemental count day and who fails to attend each of the classes in which the
pupil is enrolled within 30 calendar days after the pupil membership count day or
supplemental count day shall not be counted as 1.0 full-time equated membership. In
addition, a pupil who was enrolled and in attendance in a district, an intermediate
district, a public school academy, or the education achievement system before the
pupil membership count day or supplemental count day of a particular year but was
expelled or suspended on the pupil membership count day or supplemental count day
shall only be counted as 1.0 full-time equated membership if the pupil resumed
attendance in the district, intermediate district, public school academy, or education
achievement system within 45 days after the pupil membership count day or supplemental
count day of that particular year. Pupils not counted as 1.0 full-time equated
membership due to an absence from a class shall be counted as a prorated membership
for the classes the pupil attended. For purposes of this subsection, "class" means a
period of time in 1 day when pupils and a certificated teacher or legally qualified
substitute teacher are together and instruction is taking place.
(9) "Rule" means a rule promulgated pursuant to the administrative procedures
act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(10) "The revised school code" means 1976 PA 451, MCL 380.1 to 380.1852.
(11) "School district of the first class", "first class school district", and
"district of the first class" mean a district that had at least 60,000 pupils in
membership for the immediately preceding fiscal year.
(12) "School fiscal year" means a fiscal year that commences July 1 and
continues through June 30.
(13) "State board" means the state board of education.
(14) "Superintendent", unless the context clearly refers to a district or
intermediate district superintendent, means the superintendent of public instruction
described in section 3 of article VIII of the state constitution of 1963.
(15) "Supplemental count day" means the day on which the supplemental pupil
count is conducted under section 6a.
(16) "Tuition pupil" means a pupil of school age attending school in a district
other than the pupil’s district of residence for whom tuition may be charged TO THE
DISTRICT OF RESIDENCE. Tuition pupil does not include a pupil who is a special
education pupil or , a pupil described in subsection (6)(c) to (o)
(P), OR A PUPIL
WHOSE PARENT OR GUARDIAN VOLUNTARILY ENROLLS THE PUPIL IN A DISTRICT THAT IS NOT THE
PUPIL’S RESIDENT DISTRICT. 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
or, for an achievement school, by the chancellor of the achievement authority and that
contains a presentation of principles of a subject, or that is a literary work
relevant to the study of a subject required for the use of classroom pupils, or
another type of course material that forms the basis of classroom instruction.
(20) "Total state aid" or "total state school aid" means the total combined
amount of all funds due to a district, intermediate district, or other entity under
all of the provisions of this article.
Sec. 11. (1) Subject
to subsection (3), for FOR the fiscal year ending
September 30, 2013 2014, there is appropriated for the public
schools of this state
and certain other state purposes relating to
education the sum of $10,961,245,600.00
$11,090,813,500.00 from the state school aid fund, THE SUM OF $150,000,000.00 FROM THE
MPSERS retirement obligation reform reserve fund created in section 147b of this
article and the sum of $282,400,000.00 $230,000,000.00 from the general fund. for the
fiscal year ending September 30, 2015, there is appropriated for the public schools of
this state and certain other state purposes relating to education the sum of
$11,393,154,500.00 from the state school aid fund and the sum of $100,000,000.00 from
the mpsers retirement obligation reform reserve fund created in section 147b AND THE
SUM OF $233,000,000.00 from the general fund. In addition, all other available federal
funds, except those otherwise appropriated
under section 11p, are appropriated for the
fiscal year ending September 30, 2013 2014 AND THE FISCAL YEAR ENDING SEPTEMBER
30,
2015.
(2) The appropriations under this section shall be allocated as provided in
this article. Money appropriated under this section from the general fund shall be
expended to fund the purposes of this article before the expenditure of money
appropriated under this section from the state school aid fund.
(3) Any general fund allocations under this article that are not expended by
the end of the state fiscal year are transferred to the school aid stabilization fund
created under section 11a.
Sec. 11a. (1) The school aid stabilization fund is created as a separate
account within the state school aid fund established by section 11 of article IX of
the state constitution of 1963.
(2) The state treasurer may receive money or other assets from any source for
deposit into the school aid stabilization fund. The state treasurer shall deposit into
the school aid stabilization fund all of the following:
(a) Unexpended and unencumbered state school aid fund revenue for a fiscal year
that remains in the state school aid fund as of the bookclosing for that fiscal year.
(b) Money statutorily dedicated to the school aid stabilization fund.
(c) Money appropriated to the school aid stabilization fund.
(3) Money available in the school aid stabilization fund may not be expended
without a specific appropriation from the school aid stabilization fund. Money in the
school aid stabilization fund shall be expended only for purposes for which state
school aid fund money may be expended.
(4) The state treasurer shall direct the investment of the school aid
stabilization fund. The state treasurer shall credit to the school aid stabilization
fund interest and earnings from fund investments.
(5) Money in the school aid stabilization fund at the close of a fiscal year
shall remain in the school aid stabilization fund and shall not lapse to the
unreserved school aid fund balance or the general fund.
(6) If the maximum amount appropriated under section 11 from the state school
aid fund for a fiscal year exceeds the amount available for expenditure from the state
school aid fund for that fiscal year, there is appropriated from the school aid
stabilization fund to the state school aid fund an amount equal to the projected
shortfall as determined by the department of treasury, but not to exceed available
money in the school aid stabilization fund. If the money in the school aid
stabilization fund is insufficient to fully fund an amount equal to the projected
shortfall, the state budget director shall notify the legislature as required under
section 11(3) 296(2) and state payments in an amount
equal to the remainder of the
projected shortfall shall be prorated in the manner
provided under section 11(4)
296(3).
(7) For 2012-2013 2013-2014 AND 2014-2015, in addition to the appropriations in
section 11, there is appropriated from the school aid stabilization fund to the state
school aid fund the amount necessary to fully fund the allocations under this article.
(8) Effective February 24, 2012, in addition to
any amounts otherwise deposited
into the school aid stabilization fund, there is
transferred from the state school aid
fund to the school aid stabilization fund an amount equal
to $100,000,000.00.
Sec. 11g. (1) From the appropriation in section 11, there is allocated for this
section an amount not to exceed $39,000,000.00 $39,500,000.00 for the fiscal year
ending September 30, 2013 2014, and for each succeeding fiscal year through the fiscal
year ending September 30, 2015, after which these payments will cease. These
allocations are for paying the amounts described in subsection (3) to districts and
intermediate districts, other than those receiving a lump-sum payment under section
11f(2), that were not plaintiffs in the consolidated cases known as Durant v State of
Michigan, Michigan supreme court docket no. 104458-104492 and that, on or before March
2, 1998, submitted to the state treasurer a waiver resolution described in section
11f. The amounts paid under this section represent offers of settlement and compromise
of any claim or claims that were or could have been asserted by these districts and
intermediate districts, as described in this section.
(2) This section does not create any obligation or liability of this state to
any district or intermediate district that does not submit a waiver resolution
described in section 11f. This section and any other provision of this article are not
intended to admit liability or waive any defense that is or would be available to this
state or its agencies, employees, or agents in any litigation or future litigation
with a district or intermediate district regarding these claims or potential claims.
(3) The amount paid each fiscal year to each district or intermediate district
under this section shall be 1 of the following:
(a) If the district or intermediate district does not borrow money and issue
bonds under section 11i, 1/30 of the total amount listed in section 11h for the
district or intermediate district through the fiscal year
ending September 30, 2013
2015.
(b) If the district or intermediate district borrows money and issues bonds
under section 11i, an amount in each fiscal year calculated by the department of
treasury that is equal to the debt service amount in that fiscal year on the bonds
issued by that district or intermediate district under section 11i and that will
result in the total payments made to all districts and intermediate districts in each
fiscal year under this section being no more than the amount appropriated under this
section in each fiscal year.
(4) The entire amount of each payment under this section each fiscal year shall
be paid on May 15 of the applicable fiscal year or on the next business day following
that date. If a district or intermediate district borrows money and issues bonds under
section 11i, the district or intermediate district shall use funds received under this
section to pay debt service on bonds issued under section 11i. If a district or
intermediate district does not borrow money and issue bonds under section 11i, the
district or intermediate district shall use funds received under this section only for
the following purposes, in the following order of priority:
(a) First, to pay debt service on voter-approved bonds issued by the district
or intermediate district before the effective date of this section.
(b) Second, to pay debt service on other limited tax obligations.
(c) Third, for deposit into a sinking fund established by the district or
intermediate district under the revised school code.
(5) To the extent payments under this section are used by a district or
intermediate district to pay debt service on debt payable from millage revenues, and
to the extent permitted by law, the district or intermediate district may make a
corresponding reduction in the number of mills levied for debt service.
(6) A district or intermediate district may pledge or assign payments under
this section as security for bonds issued under section 11i, but shall not otherwise
pledge or assign payments under this section.
Sec. 11j. From the appropriation in section 11, there is allocated EACH FISCAL
YEAR an amount not to exceed $120,390,000.00
$131,660,000.00 for 2012-2013 2013-2014
AND $139,900,000.00 FOR 2014-2015 for payments to the school loan bond redemption fund
in the department of treasury on behalf of districts and intermediate districts.
Notwithstanding section 11 296 or any other provision of this act, funds allocated
under this section are not subject to proration and shall be paid in full.
Sec. 11k. For 2012-2013 2013-2014 AND 2014-2015, there is appropriated from the
general fund to the school loan revolving fund an amount equal to the amount of school
bond loans assigned to the Michigan finance authority, not to exceed the total amount
of school bond loans held in reserve as long-term assets. As used in this section,
"school loan revolving fund" means that fund created in section 16c of the shared
credit rating act, 1985 PA 227, MCL 141.1066c.
Sec. 11m. From the appropriations in section 11,
there is allocated for 2011-
2012 2013-2014 an amount not to exceed $2,100,000.00
$6,000,000.00 and there is
allocated for 2012-2013 2014-2015 an amount not to exceed $3,200,000.00 $8,000,000.00
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 article, state aid overpayments to a district, other than
overpayments in payments for special education or special education transportation,
may be recovered from any payment made under this article other than a special
education or special education transportation payment, from the proceeds of a loan to
the district under the emergency municipal loan act, 1980 PA 243, MCL 141.931 to
141.942, or from the proceeds of millage levied or pledged under section 1211 of the
revised school code, MCL 380.1211. State aid overpayments made in special education or
special education transportation payments may be recovered from subsequent special
education or special education transportation payments, from the proceeds of a loan to
the district under the emergency municipal loan act, 1980 PA 243, MCL 141.931 to
141.942, or from the proceeds of millage levied or pledged under section 1211 of the
revised school code, MCL 380.1211.
(2) If the result of an audit conducted by or for the department affects the
current fiscal year membership, affected payments shall be adjusted in the current
fiscal year. A deduction due to an adjustment made as a result of an audit conducted
by or for the department, or as a result of information obtained by the department
from the district, an intermediate district, the department of treasury, or the office
of auditor general, shall be deducted from the district's apportionments when the
adjustment is finalized. At the request of the district and upon the district
presenting evidence satisfactory to the department of the hardship, the department may
grant up to an additional 4 years for the adjustment and may advance payments to the
district otherwise authorized under this act ARTICLE if the district would otherwise
experience a significant hardship in satisfying its financial obligations.
(3) If, because of the receipt of new or updated data, the department
determines during a fiscal year that the amount paid to a district or intermediate
district under this article for a prior fiscal year was incorrect under the law in
effect for that year, the department may make the appropriate deduction or payment in
the district's or intermediate district's allocation for the fiscal year in which the
determination is made. The deduction or payment shall be calculated according to the
law in effect in the fiscal year in which the improper amount was paid. If the
district does not receive an allocation for the fiscal year or if the allocation is
not sufficient to pay the amount of any deduction, the amount of any deduction
otherwise applicable shall be satisfied from the proceeds of a loan to the district
under the emergency municipal loan act, 1980 PA 243, MCL 141.931 to 141.942, or from
the proceeds of millage levied or pledged under section 1211 of the revised school
code, MCL 380.1211, as determined by the department.
(4) Expenditures made by the department under this article that are caused by
the write-off of prior year accruals may be funded by revenue from the write-off of
prior year accruals.
(5) In addition to funds appropriated in section 11 for all programs and
services, there is appropriated for 2012-2013 2013-2014 AND 2014-2015 for obligations
in excess of applicable appropriations an amount equal to the collection of
overpayments, but not to exceed amounts available from overpayments.
Sec. 18. (1) Except as provided in another section of this article, each
district or other entity shall apply the money received by the district or entity
under this article to salaries and other compensation of teachers and other employees,
tuition, transportation, lighting, heating, ventilation, water service, the purchase
of textbooks, other supplies, and any other school operating expenditures defined in
section 7. However, not more than 20% of the total amount received by a district or
intermediate district under this article may be transferred by the board to either the
capital projects fund or to the debt retirement fund for debt service. The money shall
not be applied or taken for a purpose other than as provided in this section. The
department shall determine the reasonableness of expenditures and may withhold from a
recipient of funds under this article the apportionment otherwise due upon a violation
by the recipient.
(2) Within 30 days after a board adopts its annual operating budget for the
following school fiscal year, or after a board adopts a subsequent revision to that
budget, the district shall make all of the following available through a link on its
website home page, or may make the information available through a link on its
intermediate district's website home page, in a form and manner prescribed by the
department:
(a) The annual operating budget and subsequent budget revisions.
(b) Using data that have already been collected and submitted to the
department, a summary of district expenditures for the most recent fiscal year for
which they are available, expressed in the following 2 pie charts:
(i) A chart of personnel expenditures, broken into the following subcategories:
(A) Salaries and wages.
(B) Employee benefit costs, including, but not limited to, medical, dental,
vision, life, disability, and long-term care benefits.
(C) Retirement benefit costs.
(D) All other personnel costs.
(ii) A chart of all district expenditures, broken into the following
subcategories:
(A) Instruction.
(B) Support services.
(C) Business and administration.
(D) Operations and maintenance.
(c) Links to all of the following:
(i) The current collective bargaining agreement for each bargaining unit.
(ii) Each health care benefits plan, including, but not limited to, medical,
dental, vision, disability, long-term care, or any other type of benefits that would
constitute health care services, offered to any bargaining unit or employee in the
district.
(iii) The audit report of the audit conducted under subsection (4) for the most
recent fiscal year for which it is available.
(iv) The bids required under section 5 of the public employee health benefits
act, 2007 PA 106, MCL 124.75.
(d) The total salary and a description and cost of each fringe benefit included
in the compensation package for the superintendent of the district and for each
employee of the district whose salary exceeds $100,000.00.
(e) The annual amount spent on dues paid to associations.
(f) The annual amount spent on lobbying or lobbying services. As used in this
subdivision, "lobbying" means that term as defined in section 5 of 1978 PA 472, MCL
4.415.
(3) For the information required under subsection (2)(a), (2)(b)(i), and
(2)(c), an intermediate district shall provide the same information in the same manner
as required for a district under subsection (2).
(4) For the purpose of determining the reasonableness of expenditures and
whether a violation of this article has occurred, all of the following apply:
(a) The department shall require that each district and intermediate district
have an audit of the district's or intermediate district's financial and pupil
accounting records conducted at least annually at the expense of the district or
intermediate district, as applicable, by a certified public accountant or by the
intermediate district superintendent, as may be required by the department, or in the
case of a district of the first class by a certified public accountant, the
intermediate superintendent, or the auditor general of the city.
(b) If a district operates in a single building with fewer than 700 full-time
equated pupils, if the district has stable membership, and if the error rate of the
immediately preceding 2 pupil accounting field audits of the district is less than 2%,
the district may have a pupil accounting field audit conducted biennially but must
continue to have desk audits for each pupil count. The auditor must document
compliance with the audit cycle in the pupil auditing manual. As used in this
subdivision, "stable membership" means that the district's membership for the current
fiscal year varies from the district's membership for the immediately preceding fiscal
year by less than 5%.
(c) A district's or intermediate district's annual financial audit shall
include an analysis of the financial and pupil accounting data used as the basis for
distribution of state school aid.
(d) The pupil and financial accounting records and reports, audits, and
management letters are subject to requirements established in the auditing and
accounting manuals approved and published by the department.
(e) All of the following shall be done not later than November 15 each year:
(i) A district shall file the annual financial audit reports with the
intermediate district and the department.
(ii) The intermediate district shall file the annual financial audit reports
for the intermediate district with the department.
(iii) The intermediate district shall enter the pupil membership audit reports
for its constituent districts and for the intermediate district, for the pupil
membership count day and supplemental count day, in the Michigan student data system.
(f) The annual financial audit reports and pupil accounting procedures reports
shall be available to the public in compliance with the freedom of information act,
1976 PA 442, MCL 15.231 to 15.246.
(g) Not later than January 31 of each year, the department shall notify the
state budget director and the legislative appropriations subcommittees responsible for
review of the school aid budget of districts and intermediate districts that have not
filed an annual financial audit and pupil accounting procedures report required under
this section for the school year ending in the immediately preceding fiscal year.
(5) By November 15 of each year, each district and intermediate district shall
submit to the center, in a manner prescribed by the center, annual comprehensive
financial data consistent with accounting manuals and charts of accounts approved and
published by the department. For an intermediate district, the report shall also
contain the website address where the department can access the report required under
section 620 of the revised school code, MCL 380.620. The department shall ensure that
the prescribed Michigan public school accounting manual chart of accounts includes
standard conventions to distinguish expenditures by allowable fund function and
object. The functions shall include at minimum categories for instruction, pupil
support, instructional staff support, general administration, school administration,
business administration, transportation, facilities operation and maintenance,
facilities acquisition, and debt service; and shall include object classifications of
salary, benefits, including categories for active employee health expenditures,
purchased services, supplies, capital outlay, and other. Districts shall report the
required level of detail consistent with the manual as part of the comprehensive
annual financial report.
(6) By September 30 of each year, each district and intermediate district shall
file with the department the special education actual cost report, known as "SE-4096",
on a form and in the manner prescribed by the department.
(7) By October 7 of each year, each district and intermediate district shall
file with the center the transportation expenditure report, known as "SE-4094", on a
form and in the manner prescribed by the center.
(8) The department shall review its pupil accounting and pupil auditing manuals
at least annually and shall periodically update those manuals to reflect changes in
this article.
(9) If a district that is a public school academy purchases property using
money received under this article, the public school academy shall retain ownership of
the property unless the public school academy sells the property at fair market value.
(10) If a district or intermediate district does not comply with subsections
(4), (5), (6), and (7), the department shall withhold all state school aid due to the
district or intermediate district under this article, beginning with the next payment
due to the district or intermediate district, until the district or intermediate
district complies with subsections (4), (5), (6), and (7). If the district or
intermediate district does not comply with subsections (4), (5), (6), and (7) by the
end of the fiscal year, the district or intermediate district forfeits the amount
withheld.
(11) Not later than October 1, 2012, if a
district or intermediate district
offers online learning, the district or intermediate
district shall submit to the
department a report that details the per-pupil costs of
operating the online learning.
The report shall include, on a per-pupil basis, at least
all of the following costs:
(a) Textbooks, instructional materials, and
supplies, including electronic
instructional material.
(b) Computer and other electronic equipment,
including internet and telephone
access.
(c) Salaries and benefits for the online learning
employees.
(d) Purchased courses and curricula.
(e) Fees associated with oversight and
regulation.
(f) Travel costs associated with school activities
and testing.
(g) Facilities costs.
(h) Costs associated with special education.
(12) Not later than December 31, 2012, the
department shall issue a report to
the legislature including the following:
(a) A review of the data submitted under
subsection (11).
(b) A comparison with costs of substantially
similar programs in other states
and relevant national research on the costs of online
learning.
(c) Any conclusions concerning factors or
characteristics of online learning
programs that make a difference in the costs of operating
the programs.
Sec. 18b. (1) Property of a public school academy that was acquired
substantially with funds appropriated under this act
ARTICLE shall be transferred to
this state by the public school academy corporation if any of the following occur:
(a) The public school academy has been ineligible to receive funding under this
act ARTICLE for 18 consecutive months.
(b) The public school academy's contract has been revoked or terminated for any
reason.
(c) The public school academy's contract has not been reissued by the
authorizing body.
(2) A PUBLIC SCHOOL ACADEMY CORPORATION MUST INITIATE A DISSOLUTION PROCESS
WITHIN 30 DAYS AFTER ITS CONTRACT’S EXPIRATION.
(3) (2) Property required to be
transferred to this state under this section
includes title to all real and personal property, interests in real or personal
property, and other assets owned by the public school academy corporation that were
substantially acquired with funds appropriated under this act
ARTICLE.
(4) (3) The state treasurer, or
his or her designee, is authorized to dispose
of property transferred to this state under this section. Except as otherwise provided
in this section, the state treasurer shall deposit in the state school aid fund any
money included in that property and the net proceeds from the sale of the property or
interests in property, after payment by the state treasurer of any public school
academy debt secured by the property or interest in property.
(5) (4) This section does not
impose any liability on this state, any agency of
this state, or an authorizing body for any debt incurred by a public school academy.
(6) (5) As used in this section
and section 18c, "authorizing body" means an
authorizing body defined under section 501 or 1311b of the revised school code, MCL
380.501 and 380.1311b.
Sec. 19. (1) A district or intermediate district shall comply with all
applicable reporting requirements specified in state and federal law. Data provided to
the center, in a form and manner prescribed by the center, shall be aggregated and
disaggregated as required by state and federal law. In addition, a district or
intermediate district shall cooperate with all measures taken by the center to
establish and maintain a statewide P-20 longitudinal data system.
(2) Each district shall furnish to the center not later than 5 weeks after the
pupil membership count day and by June 30 of the school fiscal year ending in the
fiscal year, in a manner prescribed by the center, the information necessary for the
preparation of the district and high school graduation report. This information shall
meet requirements established in the pupil auditing manual approved and published by
the department. The center shall calculate an annual graduation and pupil dropout rate
for each high school, each district, and this state, in compliance with nationally
recognized standards for these calculations. The center shall report all graduation
and dropout rates to the senate and house education committees and appropriations
committees, the state budget director, and the department not later than 30 days after
the publication of the list described in subsection (6).
(3) By the first business day in December and by June 30 of each year, a
district shall furnish to the center, in a manner prescribed by the center,
information related to educational personnel as necessary for reporting required by
state and federal law.
(4) By June 30 of each year, a district shall furnish to the center, in a
manner prescribed by the center, information related to safety practices and criminal
incidents as necessary for reporting required by state and federal law.
(5) If a district or intermediate district fails to meet the requirements of
this section, the department shall withhold 5% of the total funds for which the
district or intermediate district qualifies under this article until the district or
intermediate district complies with all of those subsections. If the district or
intermediate district does not comply with all of those subsections by the end of the
fiscal year, the department shall place the amount withheld in an escrow account until
the district or intermediate district complies with all of those subsections.
(6) Before publishing a list of schools or
districts determined to have failed
to make adequate yearly progress SCHOOL
OR DISTRICT ACCOUNTABILITY DESIGNATIONS as
required by the no child left behind act of 2001, Public Law 107-110, the department
shall allow a school or district to appeal that determination. The department shall
consider and act upon the appeal within 30 days after it is submitted and shall not
publish the list until after all appeals have been considered and decided.
(7) It is the intent of the legislature to
implement not later than 2014-2015
statewide standard reporting requirements for education
data approved by the
department in conjunction with the center. The department
shall work with the center,
intermediate districts, districts, and other interested
stakeholders to develop
recommendations on the implementation of this policy
change. A district or
intermediate district shall implement the statewide
standard reporting requirements
not later than 2014-2015 or when a district or intermediate
district updates its
education data reporting system, whichever is later.
Sec. 20. (1) For 2011-2012, and for 2012-2013
2013-2014 AND FOR 2014-2015, the
basic foundation allowance is $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 2011-2012, for a district that
had a foundation allowance for the immediately preceding state fiscal year that was at
least equal to the sum of $7,108.00 plus the total dollar amount of all adjustments
made from 2006-2007 to the immediately preceding state fiscal year in the lowest
foundation allowance among all districts, but less than the basic foundation allowance
for the immediately preceding state fiscal year, the district shall receive a
foundation allowance in an amount equal to the district's foundation allowance for
2010-2011, minus $470.00. Except as otherwise provided in
subdivision (h), for 2012-
2013 2013-14 AND 2014-2015, for a district that had a
foundation allowance for the
immediately preceding state fiscal year that was at least equal to the sum of
$7,108.00 plus the total dollar amount of all adjustments made from 2006-2007 to the
immediately preceding state fiscal year in the lowest foundation allowance among all
districts, but less than the basic foundation allowance for the immediately preceding
state fiscal year, the district shall receive a foundation allowance in an amount
equal to the district's foundation allowance for the immediately preceding state
fiscal year. However, the foundation allowance for a district that had less than the
basic foundation allowance for the immediately preceding state fiscal year shall not
exceed the basic foundation allowance for the current state fiscal year.
(b) Except as otherwise provided in this subsection, for a district that in the
immediately preceding state fiscal year had a foundation allowance in an amount at
least equal to the amount of the basic foundation allowance for the immediately
preceding state fiscal year, the district shall receive a foundation allowance for
2011-2012 in an amount equal to the district's foundation allowance for 2010-2011,
minus $470.00. For 2012-2013 2013-2014 AND 2014-2015, except as otherwise provided in
this subsection, for a district that in the immediately preceding state fiscal year
had a foundation allowance in an amount at least equal to the amount of the basic
foundation allowance for the immediately preceding state fiscal year, the district
shall receive a foundation allowance for 2012-2013 2013-2014 AND 2014-2015 in an
amount equal to the district's foundation allowance for the immediately preceding
state fiscal year.
(c) Except as otherwise provided in subdivision (d), for a district that in the
1994-1995 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 immediately preceding state fiscal year plus the lesser
of the increase in the basic foundation allowance for the current state fiscal year,
as compared to the immediately preceding state fiscal year, or the product of the
district's foundation allowance for the immediately preceding state fiscal year times
the percentage increase in the United States consumer price index in the calendar year
ending in the immediately preceding fiscal year as reported by the May revenue
estimating conference conducted under section 367b of the management and budget act,
1984 PA 431, MCL 18.1367b. Except as otherwise provided in subdivision (d), for 2011-
2012, for a district that in the 1994-1995 state fiscal year had a foundation
allowance greater than $6,500.00, the district's foundation allowance is an amount
equal to the district's foundation allowance for the 2010-2011 fiscal year minus
$470.00. For 2012-2013 2013-2014 AND 2014-2015, except as otherwise provided in
subdivision (d), for a district that in the 1994-1995 state fiscal year had a
foundation allowance greater than $6,500.00, the district's foundation allowance is an
amount equal to the district's foundation allowance for the immediately preceding
state fiscal year.
(d) For a district that in the 1994-95 state fiscal year had a foundation
allowance greater than $6,500.00 and that had a foundation allowance for the 2009-2010
state fiscal year, as otherwise calculated under this section, that was less than the
basic foundation allowance, the district's foundation allowance for 2011-2012 and each
succeeding fiscal year shall be considered to be an amount equal to the basic
foundation allowance.
(e) For a district that has a foundation allowance that is not a whole dollar
amount, the district's foundation allowance shall be rounded up to the nearest whole
dollar.
(f) For a district that received a payment under section 22c as that section
was in effect for 2001-2002, the district's 2001-2002 foundation allowance shall be
considered to have been an amount equal to the sum of the district's actual 2001-2002
foundation allowance as otherwise calculated under this section plus the per pupil
amount of the district's equity payment for 2001-2002 under section 22c as that
section was in effect for 2001-2002.
(g) For a district that received a payment under section 22c as that section
was in effect for 2006-2007, the district's 2006-2007 foundation allowance shall be
considered to have been an amount equal to the sum of the district's actual 2006-2007
foundation allowance as otherwise calculated under this section plus the per pupil
amount of the district's equity payment for 2006-2007 under section 22c as that
section was in effect for 2006-2007.
(h) For 2012-2013, for a district that had a foundation allowance for the 2011-
2012 state fiscal year of less than $6,966.00, the district's foundation allowance is
an amount equal to $6,966.00.
(4) Except as otherwise provided in this subsection, the state portion of a
district's foundation allowance is an amount equal to the district's foundation
allowance or the basic foundation allowance for the current state fiscal year,
whichever is less, minus the difference between the sum of the product of the taxable
value per membership pupil of all property in the district that is nonexempt property
times the district's certified mills and, for a district with certified mills
exceeding 12, the product of the taxable value per membership pupil of property in the
district that is commercial personal property times the certified mills minus 12 mills
and the quotient of the ad valorem property tax revenue of the district captured under
tax increment financing acts divided by the district's membership excluding special
education pupils. For a district described in subsection (3)(c), the state portion of
the district's foundation allowance is an amount equal to $6,962.00 plus the
difference between the district's foundation allowance for the current state fiscal
year and the district's foundation allowance for 1998-99, minus the difference between
the sum of the product of the taxable value per membership pupil of all property in
the district that is nonexempt property times the district's certified mills and, for
a district with certified mills exceeding 12, the product of the taxable value per
membership pupil of property in the district that is commercial personal property
times the certified mills minus 12 mills and the quotient of the ad valorem property
tax revenue of the district captured under tax increment financing acts divided by the
district's membership excluding special education pupils. For a district that has a
millage reduction required under section 31 of article IX of the state constitution of
1963, the state portion of the district's foundation allowance shall be calculated as
if that reduction did not occur.
(5) The allocation calculated under this section for a pupil shall be based on
the foundation allowance of the pupil's district of residence. For a pupil enrolled
pursuant to section 105 or 105c in a district other than the pupil's district of
residence, the allocation calculated under this section shall be based on the lesser
of the foundation allowance of the pupil's district of residence or the foundation
allowance of the educating district. For a pupil in membership in a K-5, K-6, or K-8
district who is enrolled in another district in a grade not offered by the pupil's
district of residence, the allocation calculated under this section shall be based on
the foundation allowance of the educating district if the educating district's
foundation allowance is greater than the foundation allowance of the pupil's district
of residence.
(6) Except as otherwise provided in this subsection, for pupils in membership,
other than special education pupils, in a public school academy, the allocation
calculated under this section is an amount per membership pupil other than special
education pupils in the public school academy equal to the foundation allowance of the
district in which the public school academy is located or the state maximum public
school academy allocation, whichever is less. However, a public school academy that
had an allocation under this subsection before 2009-2010 that was equal to the sum of
the local school operating revenue per membership pupil other than special education
pupils for the district in which the public school academy is located and the state
portion of that district's foundation allowance shall not have that allocation reduced
as a result of the 2010 amendment to this subsection. Notwithstanding section 101, for
a public school academy that begins operations after the pupil membership count day,
the amount per membership pupil calculated under this subsection shall be adjusted by
multiplying that amount per membership pupil by the number of hours of pupil
instruction provided by the public school academy after it begins operations, as
determined by the department, divided by the minimum number of hours of pupil
instruction required under section 101(3). The result of this calculation shall not
exceed the amount per membership pupil otherwise calculated under this subsection.
(7) Except as otherwise provided in this subsection, for pupils attending an
achievement school and in membership in the education achievement system, other than
special education pupils, the allocation calculated under this section is an amount
per membership pupil other than special education pupils equal to the foundation
allowance of the district in which the achievement school is located, not to exceed
the basic foundation allowance. Notwithstanding section 101, for an achievement school
that begins operation after the pupil membership count day, the amount per membership
pupil calculated under this subsection shall be adjusted by multiplying that amount
per membership pupil by the number of hours of pupil instruction provided by the
achievement school after it begins operations, as determined by the department,
divided by the minimum number of hours of pupil instruction required under section
101(3). The result of this calculation shall not exceed the amount per membership
pupil otherwise calculated under this subsection. For the purposes of this subsection,
if a public school is transferred from a district to the state school reform/redesign
district or the achievement authority under section 1280c of the revised school code,
that public school is considered to be an achievement school within the education
achievement system and not a school that is part of a district, and a pupil attending
that public school is considered to be in membership in the education achievement
system and not in membership in the district that operated the school before the
transfer.
(8) Subject to subsection (4), for a district that is formed or reconfigured
after June 1, 2002 by consolidation of 2 or more districts or by annexation, the
resulting district's foundation allowance under this section beginning after the
effective date of the consolidation or annexation shall be 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.
(9) Each fraction used in making calculations under this section shall be
rounded to the fourth decimal place and the dollar amount of an increase in the basic
foundation allowance shall be rounded to the nearest whole dollar.
(10) State payments related to payment of the foundation allowance for a
special education pupil are not calculated under this section but are instead
calculated under section 51a.
(11) To assist the legislature in determining the basic foundation allowance
for the subsequent state fiscal year, each revenue estimating conference conducted
under section 367b of the management and budget act, 1984 PA 431, MCL 18.1367b, shall
calculate a pupil membership factor, a revenue adjustment factor, and an index as
follows:
(a) The pupil membership factor shall be computed by dividing the estimated
membership in the school year ending in the current state fiscal year, excluding
intermediate district membership, by the estimated membership for the school year
ending in the subsequent state fiscal year, excluding intermediate district
membership. If a consensus membership factor is not determined at the revenue
estimating conference, the principals of the revenue estimating conference shall
report their estimates to the house and senate subcommittees responsible for school
aid appropriations not later than 7 days after the conclusion of the revenue
conference.
(b) The revenue adjustment factor shall be computed by dividing the sum of the
estimated total state school aid fund revenue for the subsequent state fiscal year
plus the estimated total state school aid fund revenue for the current state fiscal
year, adjusted for any change in the rate or base of a tax the proceeds of which are
deposited in that fund and excluding money transferred into that fund from the
countercyclical budget and economic stabilization fund under the management and budget
act, 1984 PA 431, MCL 18.1101 to 18.1594, by the sum of the estimated total school aid
fund revenue for the current state fiscal year plus the estimated total state school
aid fund revenue for the immediately preceding state fiscal year, adjusted for any
change in the rate or base of a tax the proceeds of which are deposited in that fund.
If a consensus revenue factor is not determined at the revenue estimating conference,
the principals of the revenue estimating conference shall report their estimates to
the house and senate subcommittees responsible for school aid appropriations not later
than 7 days after the conclusion of the revenue conference.
(c) The index shall be calculated by multiplying the pupil membership factor by
the revenue adjustment factor. However, for 2011-2012,
the index shall be 0.93575 and
for 2012-2013 2013-2014 AND
2014-2015, the index
shall be 1.00. If a consensus index
is not determined at the revenue estimating conference, the principals of the revenue
estimating conference shall report their estimates to the house and senate
subcommittees responsible for school aid appropriations not later than 7 days after
the conclusion of the revenue conference.
(12) For a district in which 7.75 mills levied in
1992 for school operating
purposes in the 1992-93 school year were not renewed in
1993 for school operating
purposes in the 1993-94 school year, the district's
combined state and local revenue
per membership pupil shall be recalculated as if that
millage reduction did not occur
and the district's foundation allowance shall be calculated
as if its 1994-95
foundation allowance had been calculated using that
recalculated 1993-94 combined
state and local revenue per membership pupil as a base. A
district is not entitled to
any retroactive payments for fiscal years before 2000-2001
due to this subsection. A
district receiving an adjustment under this subsection
shall not receive as a result
of this adjustment an amount that exceeds 50% of the amount
the district received as a
result of this adjustment for 2010-2011. This adjustment
shall not be made after 2011-
2012.
(13) For a district in which an industrial
facilities exemption certificate
that abated taxes on property with a state equalized
valuation greater than the total
state equalized valuation of the district at the time the
certificate was issued or
$700,000,000.00, whichever is greater, was issued under
1974 PA 198, MCL 207.551 to
207.572, before the calculation of the district's 1994-95
foundation allowance, the
district's foundation allowance for 2002-2003 is an amount
equal to the sum of the
district's foundation allowance for 2002-2003, as otherwise
calculated under this
section, plus $250.00. A district receiving an adjustment
under this subsection shall
not receive as a result of this adjustment an amount that
exceeds 50% of the amount
the district received as a result of this adjustment for
2010-2011. This adjustment
shall not be made after 2011-2012.
(12) (14) For a district that
received a grant under former section 32e for
2001-2002, the district's foundation allowance for 2002-2003 and each succeeding
fiscal year shall be adjusted to be an amount equal to the sum of the district's
foundation allowance, as otherwise calculated under this section, plus the quotient of
100% of the amount of the grant award to the district for 2001-2002 under former
section 32e divided by the number of pupils in the district's membership for 2001-2002
who were residents of and enrolled in the district. Except as otherwise provided in
this subsection, a district qualifying for a foundation allowance adjustment under
this subsection shall use the funds resulting from this adjustment for at least 1 of
grades K to 3 for purposes allowable under former section 32e as in effect for 2001-
2002. For an individual school or schools operated by a district qualifying for a
foundation allowance under this subsection that have been determined by the department
to meet the adequate yearly progress standards of the federal no child left behind act
of 2001, Public Law 107-110, in both mathematics and English language arts at all
applicable grade levels for all applicable subgroups, the district may submit to the
department an application for flexibility in using the funds resulting from this
adjustment that are attributable to the pupils in the school or schools. The
application shall identify the affected school or schools and the affected funds and
shall contain a plan for using the funds for specific purposes identified by the
district that are designed to reduce class size, but that may be different from the
purposes otherwise allowable under this subsection. The department shall approve the
application if the department determines that the purposes identified in the plan are
reasonably designed to reduce class size. If the department does not act to approve or
disapprove an application within 30 days after it is submitted to the department, the
application is considered to be approved. If an application for flexibility in using
the funds is approved, the district may use the funds identified in the application
for any purpose identified in the plan. A district receiving an adjustment under this
subsection shall not receive as a result of this adjustment an amount that exceeds
68.5% of the amount the district received as a result of this adjustment for 2010-
2011. FOR 2013-2014, A DISTRICT RECEIVING AN ADJUSTMENT UNDER THIS SUBSECTION THAT HAS
A FOUNDATION ALLOWANCE, AS CALCULATED UNDER SECTION 20, THAT IS LESS THAN $7,500.00
SHALL RECEIVE THE LESSER OF THE ADJUSTMENT CALCULATED UNDER THIS SUBSECTION OR $100.00
PER PUPIL, AND A DISTRICT RECEIVING AN ADJUSTMENT UNDER THIS SUBSECTION THAT HAS A
FOUNDATION ALLOWANCE, AS CALCULATED UNDER SECTION 20, THAT IS GREATER THAN OR EQUAL TO
$7,500.00 SHALL RECEIVE THE LESSER OF THE ADJUSTMENT CALCULATED UNDER THIS SUBSECTION
OR $50.00 PER PUPIL.
(15) For a district that levied 1.9 mills in 1993
to finance an operating
deficit, the district's foundation allowance shall be
calculated as if those mills
were included as operating mills in the calculation of the
district's 1994-1995
foundation allowance. A district is not entitled to any
retroactive payments for
fiscal years before 2006-2007 due to this subsection. A
district receiving an
adjustment under this subsection shall not receive more
than $800,000.00 for a fiscal
year as a result of this adjustment. A district receiving
an adjustment under this
subsection shall not receive as a result of this adjustment
an amount that exceeds 50%
of the amount the district received as a result of this
adjustment for 2010-2011. This
adjustment shall not be made after 2011-2012.
(16) For a district that levied 2.23 mills in
1993 to finance an operating
deficit, the district's foundation allowance shall be
calculated as if those mills
were included as operating mills in the calculation of the
district's 1994-1995
foundation allowance. A district is not entitled to any
retroactive payments for
fiscal years before 2006-2007 due to this subsection. A
district receiving an
adjustment under this subsection shall not receive more
than $500,000.00 for a fiscal
year as a result of this adjustment. A district receiving
an adjustment under this
subsection shall not receive as a result of this adjustment
an amount that exceeds 50%
of the amount the district received as a result of this
adjustment for 2010-2011. This
adjustment shall not be made after 2011-2012.
(13) (17) Payments to districts,
public school academies, or the education
achievement system shall not be made under this section. Rather, the calculations
under this section shall be used to determine the amount of state payments under
section 22b.
(14) (18) If an amendment to
section 2 of article VIII of the state
constitution of 1963 allowing state aid to some or all nonpublic schools is approved
by the voters of this state, each foundation allowance or per pupil payment
calculation under this section may be reduced.
(15) (19) As used in this
section:
(a) "Certified mills" means the lesser of 18 mills or the number of mills of
school operating taxes levied by the district in 1993-94.
(b) "Combined state and local revenue" means the aggregate of the district's
state school aid received by or paid on behalf of the district under this section and
the district's local school operating revenue.
(c) "Combined state and local revenue per membership pupil" means the
district's combined state and local revenue divided by the district's membership
excluding special education pupils.
(d) "Current state fiscal year" means the state fiscal year for which a
particular calculation is made.
(e) "Immediately preceding state fiscal year" means the state fiscal year
immediately preceding the current state fiscal year.
(f) "Local school operating revenue" means school operating taxes levied under
section 1211 of the revised school code, MCL 380.1211.
(g) "Local school operating revenue per membership pupil" means a district's
local school operating revenue divided by the district's membership excluding special
education pupils.
(h) "Maximum public school academy allocation", except as otherwise provided in
this subdivision, means the maximum per-pupil allocation as calculated by adding the
highest per-pupil allocation among all public school academies for the immediately
preceding state fiscal year plus the difference between twice the dollar amount of the
adjustment from the immediately preceding state fiscal year to the current state
fiscal year made in the basic foundation allowance and [(the dollar amount of the
adjustment from the immediately preceding state fiscal year to the current state
fiscal year made in the basic foundation allowance minus $20.00) times (the difference
between the highest per-pupil allocation among all public school academies for the
immediately preceding state fiscal year and the sum of $7,108.00 plus the total dollar
amount of all adjustments made from 2006-2007 to the immediately preceding state
fiscal year in the lowest per-pupil allocation among all public school academies)
divided by the difference between the basic foundation allowance for the current state
fiscal year and the sum of $7,108.00 plus the total dollar amount of all adjustments
made from 2006-2007 to the immediately preceding state fiscal year in the lowest per-
pupil allocation among all public school academies]. For 2011-2012
and 2012-2013 2013-
2014 AND 2014-2015, maximum public school academy allocation means $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 2012-2013
2013-2014 AND 2014-2015, 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 1993-1994 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
1993-1994, 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 1995-1996 and 1996-1997 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 1993-1994 included resident pupils attending the center program
and excluded nonresident pupils attending the center program.
SEC. 21F. (1) A PUPIL ENROLLED IN A DISTRICT IN ANY OF GRADES 5 TO 12 IS
ELIGIBLE TO ENROLL IN ONLINE COURSES AS PROVIDED FOR IN THIS SECTION. THIS SECTION
DOES NOT APPLY TO A PUPIL ENROLLED IN a school of excellence that is a cyber school,
as defined in section 551 of the revised school code, MCL 380.551.
(2) WITH THE CONSENT OF THE PUPIL'S PARENT OR LEGAL GUARDIAN, A PUBLIC SCHOOL
SHALL ENROLL AN ELIGIBLE PUPIL IN UP TO 2 ONLINE COURSES AS REQUESTED BY THE PUPIL
DURING AN ACADEMIC TERM, SEMESTER, OR TRIMESTER. HOWEVER, IF A PUPIL HAS DEMONSTRATED
PREVIOUS SUCCESS WITH ONLINE COURSES AND THE DISTRICT AND THE PUPIL'S PARENT OR
GUARDIAN DETERMINE THAT IT IS IN THE BEST INTEREST OF THE PUPIL, A PUPIL MAY BE
ENROLLED IN MORE THAN 2 ONLINE COURSES IN AN ACADEMIC TERM, SEMESTER, OR TRIMESTER.
(3) AN ELIGIBLE PUPIL AS DETERMINED IN SUBSECTION (1) MAY ENROLL IN ONLINE
COURSES PUBLISHED IN THE PUPIL’S EDUCATING DISTRICT CATALOG OF ONLINE COURSES
DESCRIBED IN SUBSECTION (6)(A), OR THE STATEWIDE CATALOG OF ONLINE COURSES MAINTAINED
BY THE MICHIGAN VIRTUAL UNIVERSITY PURSUANT TO SECTION 98.
(4) A district shall determine whether or not it HAS CAPACITY TO accept
applications fOR enrollment FROM nonresident applicants IN ONLINE COURSES AND MAY USE
THAT LIMIT AS THE REASON FOR REFUSAL TO ENROLL AN APPLICANT. If the number of
nonresident applicants eligible for acceptance in aN ONLINE COURSE does not exceed the
CAPACITY OF THE DISTRICT TO PROVIDE THE ONLINE COURSE, the district shall accept for
enrollment all of the nonresident applicants eligible for acceptance. If the number of
nonresident applicants exceeds the DISTRICT’S CAPACITY TO PROVIDE THE ONLINE COURSE,
the district shall use a random draw system, subject to the need to abide by state and
federal antidiscrimination laws and court orders.
(5) AN EDUCATING DISTRICT MAY PROHIBIT PUPIL ENROLLMENT IN ONLINE COURSES IF
ANY OF THE FOLLOWING APPLY, AS DETERMINED BY THE DISTRICT:
(A) THE PUPIL HAS PREVIOUSLY GAINED THE CREDITS PROVIDED FROM THE COMPLETION OF
THE ONLINE COURSE,
(B) THE ONLINE COURSE IS NOT CAPABLE OF GENERATING ACADEMIC CREDIT,
(C) THE ONLINE COURSE IS INCONSISTENT WITH THE REMAINING GRADUATION
REQUIREMENTS OR CAREER INTERESTS OF THE PUPIL, OR
(D) THE PUPIL DOES NOT POSSESS THE PREREQUISITE KNOWLEDGE AND SKILLS TO BE
SUCCESSFUL IN THE ONLINE COURSE.
(E) IF a PUPIL is denied enrollment in an online course by A district, the
PUPIL may appeal the denial by submitting a letter to the superintendent of THE
INTERMEDIATE DISTRICT OF RESIDENCE, citing the reason PROVIDED BY THE DISTRICT FOR NOT
ENROLLING THE PUPIL AND THE REASON WHY the enrollment SHOULD be approved. The
intermediate district superintendent or designee SHALL respond to the appeal within
five days AFTER IT IS RECEIVED. If the intermediate district superintendent or
designee determines the denial of enrollment does not meet one or more of the reasons
specified IN THIS SUBSECTION, the PUPIL must BE allowED to enroll in the online
course.
(6) IN ORDER TO OFFER OR PROVIDE AN ONLINE COURSE, A DISTRICT SHALL DO ALL OF
THE FOLLOWING:
(A) FOR ALL ONLINE COURSES OFFERED BY THE DISTRICT, PROVIDE THE MICHIGAN
VIRTUAL UNIVERSITY WITH THE COURSE SYLLABI IN A FORM AND METHOD PRESCRIBED BY THE
MICHIGAN VIRTUAL UNIVERSITY FOR INCLUSION IN A STATEWIDE ONLINE COURSE CATALOG.
DISTRICTS SHALL ALSO PROVIDE A LINK TO ITS COURSE SYLLABI AND A LINK TO THE STATEWIDE
CATALOG OF ONLINE COURSES MAINTAINED BY MICHIGAN VIRTUAL UNIVERSITY AS DESCRIBED IN
SECTION 98 ON ITS PUBLICALLY-ACCESSIBLE WEBSITE.
(B) OFFER ONLINE COURSES ON AN OPEN ENTRY AND EXIT METHOD, OR ALIGNED TO A
SEMESTER, TRIMESTER, OR ACCELERATED ACADEMIC TERM FORMAT.
(7) FOR A PUPIL ENROLLED IN ONE OR MORE ONLINE COURSES PUBLISHED IN THE PUPIL’S
EDUCATING DISTRICT CATALOG OF ONLINE COURSES, OR THE STATEWIDE CATALOG OF ONLINE
COURSES MAINTAINED BY THE MICHIGAN VIRTUAL UNIVERSITY, THE DISTRICT shall use
FOUNDATION ALLOWANCE funds CALCULATED UNDER SECTION 20 TO PAY FOR the expenses
associated with the online course or courses.
(8) ONLINE LEARNING PUPILS SHALL HAVE THE SAME RIGHTS AND ACCESS TO TECHNOLOGY
IN THEIR EDUCATING DISTRICT SCHOOL FACILITIES AS ALL OTHER PUPILS ENROLLED IN THE
EDUCATING DISTRICT.
(9) IF A PUPIL SUCCESSFULLY COMPLETES AN ONLINE COURSE, THE PUPIL’S EDUCATING
DISTRICT SHALL GRANT APPROPRIATE ACADEMIC CREDIT FOR COMPLETION OF THE COURSE AND
SHALL COUNT THAT CREDIT TOWARD COMPLETION OF GRADUATION AND SUBJECT AREA REQUIREMENTS.
A PUPIL'S SCHOOL RECORD AND TRANSCRIPT SHALL IDENTIFY THE ONLINE COURSE TITLE AS IT
APPEARS IN THE COURSE SYLLABUS DEFINED IN SUBSECTION (10).
(10) as used in this section:
(a) "Online COURSE" means a course of study that IS CAPABLE OF GENERATING a
credit or a grade, THAT IS provided in an interactive internet-connected learning
environment, in which pupils are separated from their teachers by time or location, or
both, and in which a Michigan certificated teacher is responsible for DETERMINING
APPROPRIATE INSTRUCTIONAL METHODs FOR EACH PUPIL, diagnosing learning needs, assessing
pupil learning, prescribing intervention strategies, reporting outcomes, and
evaluating the effects of instruction and support strategies.
(B) "ONLINE COURSE SYLLABUS" MEANS A DOCUMENT THAT INCLUDES ALL OF THE
FOLLOWING:
(I) THE STATE ACADEMIC STANDARDS ADDRESSED IN AN ONLINE COURSE.
(II) THE ONLINE COURSE CONTENT OUTLINE.
(III) THE ONLINE COURSE REQUIRED ASSESSMENTS.
(IV) THE ONLINE COURSE PREREQUISITES.
(V) EXPECTATIONS FOR ACTUAL INSTRUCTOR CONTACT TIME WITH THE ONLINE LEARNING
PUPIL AND OTHER PUPIL-TO-INSTRUCTOR COMMUNICATIONS.
(VI) ACADEMIC SUPPORT AVAILABLE TO THE ONLINE LEARNING PUPIL.
(VII) THE ONLINE COURSE LEARNING OUTCOMES AND OBJECTIVES.
(VIII) THE NAME OF THE INSTITUTION OR ORGANIZATION PROVIDING THE ONLINE
CONTENT.
(IX) THE NAME OF THE INSTITUTION OR ORGANIZATION PROVIDING THE ONLINE
INSTRUCTOR.
(X) THE COURSE TITLES ASSIGNED BY THE DISTRICT AND THE COURSE TITLES AND COURSE
CODES FROM THE NATIONAL CENTER FOR EDUCATION STATISTICS (NCES) SCHOOL CODES FOR THE
EXCHANGE OF DATA (SCED).
(XI) THE NUMBER OF ELIGIBLE NONRESIDENT PUPILS THAT WILL BE ACCEPTED BY THE
DISTRICT IN THE ONLINE COURSE.
(C) "ONLINE LEARNING PUPIL" MEANS A PUPIL ENROLLED IN ONE OR MORE ONLINE
COURSES.
Sec. 22a. (1) From the appropriation in section 11, there is allocated an
amount not to exceed $5,776,000,000.00 $5,558,000,000.00 for 2011-2012 2013-2014 and
there is allocated an amount not to exceed $5,712,000,000.00
$5,464,000,000.00 for
2012-2013 2014-2015 for payments to districts and
qualifying public school academies
to guarantee each district and qualifying public school academy an amount equal to its
1994-1995 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-
1995 total state and local per pupil revenue for school operating purposes, there is
allocated to each district a state portion of the district's 1994-1995 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 1994-1995
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 1994-1995 foundation allowance minus $6,500.00 and the current year
hold harmless school operating taxes per pupil. If the result of the calculation under
subdivision (a) is negative, the negative amount shall be an offset against any state
payment calculated under this subdivision. If the result of a calculation under this
subdivision is negative, there shall not be a state payment or a deduction under this
subdivision. The taxable values per membership pupil used in the calculations under
this subdivision are as adjusted by ad valorem property tax revenue captured under tax
increment financing acts divided by the district's membership.
(3) Beginning in 2003-2004, for pupils in membership in a qualifying public
school academy, there is allocated under this section to the authorizing body that is
the fiscal agent for the qualifying public school academy for forwarding to the
qualifying public school academy an amount equal to the 1994-95 per pupil payment to
the qualifying public school academy under section 20.
(4) A district or qualifying public school academy may use funds allocated
under this section in conjunction with any federal funds for which the district or
qualifying public school academy otherwise would be eligible.
(5) For a district that is formed or reconfigured after June 1, 2000 by
consolidation of 2 or more districts or by annexation, the resulting district's 1994-
1995 foundation allowance under this section beginning after the effective date of the
consolidation or annexation shall be the average of the 1994-1995 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 1994-1995 foundation allowance is less than the 1994-1995 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 1994-1995 basic foundation allowance.
(6) Subject to conditions set forth in this
subsection, from the allocation in
subsection (1), there is allocated for 2011-2012 only an
amount not to exceed
$6,000,000.00 for payments to districts that meet the
eligibility requirements under
this subsection, for the reduction in school operating revenues
resulting from a
settlement or other disposition of appeals described in
subdivision (a). A payment may
only be made under this subsection if a settlement
agreement is signed by all
applicable parties. Payments made under this subsection
shall be in accordance with
the settlement agreement. All of the following apply to
payments under this
subsection:
(a) To be eligible for a payment under this
subsection, a district shall be
determined by the department and the department of treasury
to meet all of the
following:
(i) The district does not receive any
state portion of its foundation
allowance, as calculated under section 20(4).
(ii) Before January 1, 2011, the owner of
a natural-gas-powered power plant
located in a renaissance zone within the district's
geographic boundaries for 2009 and
2010 appealed to the Michigan tax tribunal an order of the
state tax commission for
tax years 2009 and 2010 pursuant to section 154 of the
general property tax act, 1893
PA 206, MCL 211.154, and appealed to the state tax
commission the 2011 classification
and valuation of the power plant.
(iii) The district received a reduced
amount of local school operating revenue
for tax years 2009, 2010, and 2011 as a result of the
exemptions of industrial
personal property and commercial personal property under
section 1211 of the revised
school code, MCL 380.1211.
(iv) A settlement agreement has been
signed to resolve the Michigan tax
tribunal appeal described in subparagraph (ii) and a
memorandum of understanding that
stipulates terms of the settlement has been executed by the
parties.
(b) A payment made under this subsection shall be
in addition to renaissance
zone reimbursement amounts paid in the 2009-2010 and
2010-2011 state fiscal years
under section 26a to districts eligible for payment under
this subsection. The 2009-
2010 and 2010-2011 state fiscal year payments under section
26a to a district
receiving a payment under this subsection shall not be
reduced as a result of the
reduction to the district's 2009 and 2010 taxable value of
real property under the
appeals described in subdivision (a)(ii).
(6) (7) As used in this section:
(a) "1994-1995 foundation allowance" means a district's 1994-1995 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 1993-1994.
(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 1994-1995 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 1994-1995 school year and is in operation in the current state
fiscal year.
(j) "School operating taxes" means local ad valorem property taxes levied under
section 1211 of the revised school code, MCL 380.1211, and retained for school
operating purposes.
(k) "Tax increment financing acts" means 1975 PA 197, MCL 125.1651 to 125.1681,
the tax increment finance authority act, 1980 PA 450, MCL 125.1801 to 125.1830, the
local development financing act, 1986 PA 281, MCL 125.2151 to 125.2174, the brownfield
redevelopment financing act, 1996 PA 381, MCL 125.2651 to 125.2672, or the corridor
improvement authority act, 2005 PA 280, MCL 125.2871 to 125.2899.
(l) "Taxable value per membership pupil" means each of the following divided by
the district's membership:
(i) For the number of mills by which the exemption from the levy of school
operating taxes on a homestead, qualified agricultural property, qualified forest
property, supportive housing property, industrial personal property, and commercial
personal property may be reduced as provided in section 1211 of the revised school
code, MCL 380.1211, the taxable value of homestead, qualified agricultural property,
qualified forest property, supportive housing property, industrial personal property,
and commercial personal property for the calendar year ending in the current state
fiscal year.
(ii) For the number of mills of school operating taxes that may be levied on
all property as provided in section 1211(2) of the revised school code, MCL 380.1211,
the taxable value of all property for the calendar year ending in the current state
fiscal year.
Sec. 22b. (1) From the state funds appropriated
APPROPRIATION in section 11,
there is allocated for 2011-2012 2013-2014 an amount not to exceed $3,052,000,000.00
$3,304,000,000.00 and there is allocated for 2012-2013
2014-2015 an amount not to
exceed $3,152,300,000.00 $3,383,000,000.00 for discretionary nonmandated payments to
districts under this section. Funds allocated under this section that are not expended
in the state fiscal year for which they were allocated, as determined by the
department, may be used to supplement the allocations under sections 22a and 51c in
order to fully fund those calculated allocations for the same fiscal year.
(2) Subject to subsection (3) and section 296, the allocation to a district
under this section shall be an amount equal to the sum of the amounts calculated under
sections 20, 51a(2), 51a(3), and 51a(11), minus the sum of the allocations to the
district under sections 22a and 51c.
(3) In order to receive an allocation under subsection (1), each district shall
do all of the following:
(a) Administer in each grade level that it
operates in grades 1 to 5 a
standardized assessment approved by the department of
grade-appropriate basic
educational skills. A district may use the Michigan
literacy progress profile to
satisfy this requirement for grades 1 to 3. Also, if the
revised school code is
amended to require annual assessments at additional grade
levels, in order to receive
an allocation under this section each district shall comply
with that requirement
COMPLY WITH SECTION 1280B OF THE REVISED SCHOOL CODE, MCL 380.1280B.
(b) Comply with sections 1278a and 1278b of the revised school code, MCL
380.1278a and 380.1278b.
(c) Furnish data and other information required by state and federal law to the
center and the department in the form and manner specified by the center or the
department, as applicable.
(d) Comply with section 1230g of the revised school code, MCL 380.1230g.
(4) Districts are encouraged to use funds allocated under this section for the
purchase and support of payroll, human resources, and other business function software
that is compatible with that of the intermediate district in which the district is
located and with other districts located within that intermediate district.
(5) From the allocation in subsection (1), the department shall pay up to
$1,000,000.00 in litigation costs incurred by this state related to commercial or
industrial property tax appeals, including, but not limited to, appeals of
classification, that impact revenues dedicated to the state school aid fund.
(6) From the allocation in subsection (1), the department shall pay up to
$1,000,000.00 in litigation costs incurred by this state associated with lawsuits
filed by 1 or more districts or intermediate districts against this state. If the
allocation under this section is insufficient to fully fund all payments required
under this section, the payments under this subsection shall be made in full before
any proration of remaining payments under this section.
(7) It is the intent of the legislature that all constitutional obligations of
this state have been fully funded under sections 22a, 31d, 51a, 51c, and 152a. If a
claim is made by an entity receiving funds under this article that challenges the
legislative determination of the adequacy of this funding or alleges that there exists
an unfunded constitutional requirement, the state budget director may escrow or
allocate from the discretionary funds for nonmandated payments under this section the
amount as may be necessary to satisfy the claim before making any payments to
districts under subsection (2). If funds are escrowed, the escrowed funds are a work
project appropriation and the funds are carried forward into the following fiscal
year. The purpose of the work project is to provide for any payments that may be
awarded to districts as a result of litigation. The work project shall be completed
upon resolution of the litigation.
(8) If the local claims review board or a court of competent jurisdiction makes
a final determination that this state is in violation of section 29 of article IX of
the state constitution of 1963 regarding state payments to districts, the state budget
director shall use work project funds under subsection (7) or allocate from the
discretionary funds for nonmandated payments under this section the amount as may be
necessary to satisfy the amount owed to districts before making any payments to
districts under subsection (2).
(9) If a claim is made in court that challenges the legislative determination
of the adequacy of funding for this state's constitutional obligations or alleges that
there exists an unfunded constitutional requirement, any interested party may seek an
expedited review of the claim by the local claims review board. If the claim exceeds
$10,000,000.00, this state may remove the action to the court of appeals, and the
court of appeals shall have and shall exercise jurisdiction over the claim.
(10) If payments resulting from a final determination by the local claims
review board or a court of competent jurisdiction that there has been a violation of
section 29 of article IX of the state constitution of 1963 exceed the amount allocated
for discretionary nonmandated payments under this section, the legislature shall
provide for adequate funding for this state's constitutional obligations at its next
legislative session.
(11) If a lawsuit challenging payments made to districts related to costs
reimbursed by federal title XIX Medicaid funds is filed against this state, then, for
the purpose of addressing potential liability under such a lawsuit, the state budget
director may place funds allocated under this section in escrow or allocate money from
the funds otherwise allocated under this section, up to a maximum of 50% of the amount
allocated in subsection (1). If funds are placed in escrow under this subsection,
those funds are a work project appropriation and the funds are carried forward into
the following fiscal year. The purpose of the work project is to provide for any
payments that may be awarded to districts as a result of the litigation. The work
project shall be completed upon resolution of the litigation. In addition, this state
reserves the right to terminate future federal title XIX Medicaid reimbursement
payments to districts if the amount or allocation of reimbursed funds is challenged in
the lawsuit. As used in this subsection, "title XIX" means title XIX of the social
security act, 42 USC 1396 to 1396v.
(12) Not later than January 1, 2013, the
department shall submit a report to
the legislature identifying the amount of the savings that
the department has
calculated as having been achieved due to the revised
number of instructional hours
used to calculate full-time equated memberships for
kindergarten pupils under section
6(4)(r) as amended by 2011 PA 62.
Sec. 22c. From the APPROPRIATION in section 11, there is allocated for 2013-
2014 an amount not to exceed $24,000,000.00 to make equity payments to districts that
have a foundation allowance or per pupil payment AS calculated under section 20 for
2013-2014 of less than $7,000.00. The equity payment for a district shall be an amount
per membership pupil equal to the lesser of $34.00 or the difference between $7,000.00
and the district’s 2013-2014 foundation allowance or per pupil payment as calculated
under section 20.
Sec. 22d. (1) From the appropriation in section 11, an amount not to exceed
$2,025,000.00 is allocated each fiscal year for 2011-2012
2013-2014 and for 2012-2013
2014-2015 for supplemental payments to rural districts under this section.
(2) From the allocation under subsection (1), there is allocated each fiscal
year for 2011-2012 2013-2014 and
for 2012-2013 2014-2015 an amount not to exceed
$750,000.00 for payments under this subsection to districts that meet all of the
following:
(a) Operates grades K to 12.
(b) Has fewer than 250 pupils in membership.
(c) Each school building operated by the district meets at least 1 of the
following:
(i) Is located in the Upper Peninsula at least 30 miles from any other public
school building.
(ii) Is located on an island that is not accessible by bridge.
(3) The amount of the additional funding to each eligible district under
subsection (2) shall be determined under a spending plan developed as provided in this
subsection and approved by the superintendent of public instruction. The spending plan
shall be developed cooperatively by the intermediate superintendents of each
intermediate district in which an eligible district is located. The intermediate
superintendents shall review the financial situation of each eligible district,
determine the minimum essential financial needs of each eligible district, and develop
and agree on a spending plan that distributes the available funding under subsection
(2) to the eligible districts based on those financial needs. The intermediate
superintendents shall submit the spending plan to the superintendent of public
instruction for approval. Upon approval by the superintendent of public instruction,
the amounts specified for each eligible district under the spending plan are allocated
under subsection (2) and shall be paid to the eligible districts in the same manner as
payments under section 22b.
(4) Subject to subsection (6), from the allocation in subsection (1), there is
allocated each fiscal year for 2011-2012 2013-2014 and for 2012-2013 2014-2015 an
amount not to exceed $1,275,000.00 for payments under this subsection to districts
that meet all of the following:
(a) The district has 5.0 or fewer pupils per square mile as determined by the
department.
(b) The district has a total square mileage greater than 200.0 or is 1 of 2
districts that have consolidated transportation services and have a combined total
square mileage greater than 200.0.
(5) The funds allocated under subsection (4) shall be allocated on an equal per
pupil basis.
(6) A district receiving funds allocated under subsection (2) is not eligible
for funding allocated under subsection (4).
Sec. 22f. (1) From the appropriation in section 11, there is allocated for
2012-2013 2013-2014 an amount not to exceed $80,000,000.00
$25,000,000.00 to provide
incentive payments to districts that meet best practices under this section. Payments
received under this section may be used for any purpose for which payments under
sections 22a and 22b may be used.
(2) The amount of the incentive payment under this section is an amount equal
to $52.00 $16.00 per pupil. A district shall receive
an incentive payment under this
section if the district satisfies at least 7 of the following requirements not later
than June 1, 2013 2014:
(a) If a district provides medical, pharmacy, dental, vision, disability, long-
term care, or any other type of benefit that would constitute a health care services
benefit, to employees and their dependents, the district is the policyholder for each
of its insurance policies that covers 1 or more of these benefits. A district that
does not directly employ its staff OR A DISTRICT WITH A VOLUNTARY EMPLOYEE BENEFICIARY
ASSOCIATION THAT PAYS NO MORE THAN THE MAXIMUM PER EMPLOYEE CONTRIBUTION AMOUNT AND
THAT CONTRIBUTES NO MORE THAN THE MAXIMUM EMPLOYER CONTRIBUTION PERCENTAGE OF TOTAL
ANNUAL COSTS FOR THE MEDICAL BENEFIT PLANS AS DESCRIBED IN 2011 PA 152, MCL 15.563 TO
15.564, is considered to have satisfied this requirement.
(b) The district has obtained competitive bids on the provision of pupil
transportation, food service, custodial, or 1 or more other noninstructional services
for 2012-2013
2013-2014. THE UNFUNDED ACCRUED LIABILITY COSTS FOR RETIREMENT AND
OTHER
BENEFITS SHALL BE EXCLUDED FROM THE DISTRICT’S CURRENT COSTS FOR THE PURPOSE OF
COMPARING COMPETITIVE BIDS TO THE CURRENT COSTS OF PROVIDING SERVICES.
(c) The district accepts applications for enrollment by nonresident applicants
under section 105 or 105c. A public school academy is considered to have met this
requirement.
(d) The district monitors individual pupil academic growth in each subject area
at least twice during the school year using competency-based online assessments and
reports those results to the pupil and his or her parent or guardian, or provides the
department with a plan and is able to show progress toward developing the technology
infrastructure necessary for the implementation of pupil academic growth assessments
by 2014-2015.
(e) The district supports opportunities for pupils to receive postsecondary
credit while attending secondary school, by doing at least 1 of the following, and
makes all eligible pupils and their parents or guardians aware of these opportunities:
(i) Supports attendance of district pupils under the postsecondary enrollment
options act, MCL 388.511 to 388.524, or under the career and technical preparation
act, MCL 388.1901 to 388.1913, consistent with provisions under section 21b.
(ii) Offers college-level equivalent courses, as defined in section 1471 of the
revised school code, MCL 380.1471.
(iii) Participates in a middle college. For the purposes of this subparagraph,
"middle college" means a series of courses and other requirements and conditions that
allow a pupil to graduate with a high school diploma and a certificate or degree from
a community college or state public university.
(iv) Provides other opportunities to pupils that allow those pupils to graduate
with a high school diploma and also complete coursework that a postsecondary
institution normally applies toward satisfaction of degree requirements.
(v) If a district does not offer any high school grades, the district informs
all pupils and parents of the opportunities that are available for postsecondary
options during high school.
(f) The district offers online instructional
programs COURSES or blended
learning opportunities to all eligible pupils. In order to satisfy this requirement,
districts must make all eligible pupils and their parents or guardians aware of these
opportunities. FOR EVERY ONLINE COURSE THAT A DISTRICT OFFERS, THE DISTRICT MUST
PUBLISH AN ONLINE COURSE SYLLABI AS DESCRIBED IN SECTION 21F. For the purposes of this
subdivision:
(i) "Blended learning" means a hybrid instructional delivery model where pupils
are provided face-to-face CONTENT, instruction, AND
ASSESSMENT, in part at
a
supervised school EDUCATIONAL facility
away from home WHERE THE PUPIL AND A
MICHIGAN-
CERTIFIED
TEACHER ARE IN THE SAME PHYSICAL LOCATION and partially through computer-
based and internet-connected learning environments with some degree
of pupil control
over time, location, and pace of instruction.
(ii) "Online instructional program
COURSE" means a course of study that
generates IS CAPABLE OF
GENERATING a credit or
a grade, THAT IS provided in an
interactive computer-based and internet-connected
learning environment, in which
pupils are separated from their teachers by time or location, or both, and in which a
Michigan certificated teacher is responsible for providing
direct instruction
DETERMINING APPROPRIATE INSTRUCTIONAL METHODS FOR EACH PUPIL, diagnosing learning
needs, assessing pupil learning, prescribing intervention strategies, reporting
outcomes, and evaluating the effects of instruction and support strategies.
(g) The district provides to parents and community members a dashboard or
report card demonstrating the district's efforts to manage its finances responsibly.
The dashboard or report card shall include REVENUE AND EXPENDITURE PROJECTIONS FOR THE
DISTRICT FOR FISCAL YEAR 2013-2014 AND FISCAL YEAR 2014-2015, A LISTING OF ALL DEBT
SERVICE OBLIGATIONS, DETAILED BY PROJECT, INCLUDING ANTICIPATED FISCAL YEAR 2013-2014
PAYMENT FOR EACH PROJECT, A LISTING OF TOTAL OUTSTANDING DEBT, AND at least all of the
following for the 3 most recent school years for which the data are available:
(i) Graduation and dropout rates.
(ii) Average class size in grades kindergarten to 3.
(iii) College readiness as measured by Michigan merit examination test scores.
(iv) Elementary and middle school MEAP scores.
(v) Teacher, principal, and superintendent salary information including at
least minimum, average, and maximum pay levels.
(vi) General fund balance.
(vii) The total number of days of instruction provided.
(h) The district provides physical education consistent with the state board's
policy on quality physical education adopted September 25, 2003, or provides health
education consistent with the state board's policy on comprehensive school health
education adopted June 8, 2004.
(3) If the department determines that a district has intentionally submitted
false information in order to qualify for an incentive payment under this section, the
district forfeits an amount equal to the amount it received under this section from
its total state school aid for 2013-2014 2014-2015.
(4) If the department determines that funds allocated under this section will
remain unexpended after the initial allocation of $52.00
$16.00 per pupil to eligible
districts under subsection (2), the remaining unexpended amount is allocated on an
equal per pupil basis to districts that meet the requirements of subsection (2) and
that have a foundation allowance, as calculated under section 20, in an amount that is
less than the basic foundation allowance under that section.
Sec. 22i. (1) From the funds appropriated in section 11, there is allocated for
2012-2013 2013-2014 an amount not to exceed $50,000,000.00
$13,500,000.00 for THE
SECOND
YEAR OF THE TWO-YEAR technology
infrastructure grants PROGRAM to FOR districts
or to intermediate districts on behalf of their
constituent districts. Funds received
under this section shall be used for access to a
computer-adaptive test or for the
development or improvement of a district's technology infrastructure, INSTRUCTIONAL
PRACTICE AND THE SHARED SERVICE CONSOLIDATION OF TECHNOLOGY, AND DATA, including, but
not limited to, hardware and software, in preparation for the planned implementation
in 2014-2015 of online growth assessments.
(2) The department shall develop a competitive
application process and method
of grant distribution IN WHICH ALL ELIGIBLE DISTRICTS AND INTERMEDIATE DISTRICTS MAY
PARTICIPATE. The department may consult with the department of technology, management,
and budget during the grant process and grant distribution. Grants to districts shall
not exceed $2,000,000.00 per district. A grant to an intermediate district on behalf
of its constituent districts shall not exceed $2,000,000.00 per constituent district.
To receive a grant under this section, an intermediate district shall demonstrate that
a grant awarded to the intermediate district on behalf of its constituent districts
would provide savings compared to providing grants to individual districts.
Sec. 22j. (1) From the appropriation in section 11, there is allocated EACH
FISCAL
YEAR for 2012-2013
2013-2014 AND 2014-2015 an amount not to exceed
$30,000,000.00 to provide separate incentive payments to districts that meet student
academic performance funding goals under subsections (2) to (5). Payments received
under this section may be used for any purpose for which payments under sections 22a
and 22b may be used.
(2) The maximum amount of the incentive payment for student academic
performance is an amount equal to $100.00 per pupil. Payments calculated and awarded
to qualifying districts under subsections (3) to (5) shall be calculated and awarded
separately, and a district may receive a payment under any or all of subsections (3)
to (5).
(3) An amount not to exceed 30% of the maximum per pupil amount allocated under
subsection (2) shall be used to make performance incentive payments to qualifying
districts under this subsection based on pupil performance on state assessments in
mathematics in grades 3 to 8. The amount of a payment under this subsection is an
amount equal to $30.00 per pupil for all pupils in membership in a qualifying
district. The department shall determine the qualifying districts under this
subsection as follows:
(a) Using a model determined by the department that incorporates the most
recent cut scores adopted for the Michigan educational assessment program for each
pupil in grades 3 to 8 in the 2010-2011 2011-2012 school year, the department shall
calculate a point score using a metric that assigns points to each of those pupils as
follows:
(i) For each pupil who began the school year not performing proficiently in
mathematics and who declines in proficiency, as determined by the department, over the
school year, 0 points.
(ii) For each pupil who began the school year performing proficiently in
mathematics and declines in proficiency, as determined by the department, over the
school year, 0 points.
(iii) For each pupil who began the school year not performing proficiently in
mathematics and who maintains his or her level of proficiency, as determined by the
department, over the school year, 1 point.
(iv) For each pupil who began the school year performing proficiently in
mathematics and who maintains his or her level of proficiency, as determined by the
department, over the school year, 2 points.
(v) For each pupil who began the school year not performing proficiently in
mathematics and who improves in proficiency, as determined by the department, over the
school year, 3 points.
(vi) For each pupil who began the school year performing proficiently in
mathematics and who improves in proficiency, as determined by the department, over the
school year, 2 points.
(b) The department shall then calculate a district average for this metric for
the 2010-2011 2011-2012 school year by totaling the number
of points for all pupils in
grades 3 to 8 under subdivision (a) and dividing that total by the number of those
pupils.
(c) A district is a qualifying district for the payment under this subsection
if the district average for the 2010-2011 2011-2012 school year under subdivision (b)
is at least equal to a factor of 1.5, and the district tested at least 95% of its
pupils in mathematics, and the district had at least 30 full academic year pupils in
grades 3 to 8 with a performance level change designation in mathematics.
(4) An amount not to exceed 30% of the maximum per pupil amount allocated under
subsection (2) shall be used to make performance incentive payments to qualifying
districts under this subsection based on pupil performance on state assessments in
reading in grades 3 to 8. The amount of a payment under this subsection is an amount
equal to $30.00 per pupil for all pupils in membership in the district. The department
shall determine the qualifying districts under this subsection as follows:
(a) Using a model determined by the department that incorporates the most
recent cut scores adopted for the Michigan educational assessment program for each
pupil in grades 3 to 8 in the 2010-2011 2011-2012 school year, the department shall
calculate a point score using a metric that assigns points to each of those pupils as
follows:
(i) For each pupil who began the school year not performing proficiently in
reading and who declines in proficiency, as determined by the department, over the
school year, 0 points.
(ii) For each pupil who began the school year performing proficiently in
reading and declines in proficiency, as determined by the department, over the school
year, 0 points.
(iii) For each pupil who began the school year not performing proficiently in
reading and who maintains proficiency, as determined by the department, over the
school year, 1 point.
(iv) For each pupil who began the school year performing proficiently in
reading and who maintains proficiency, as determined by the department, over the
school year, 2 points.
(v) For each pupil who began the school year not performing proficiently in
reading and who improves in proficiency, as determined by the department, over the
school year, 3 points.
(vi) For each pupil who began the school year performing proficiently in
reading and who improves in proficiency, as determined by the department, over the
school year, 2 points.
(b) The department shall then calculate a district average for this metric for
the 2010-2011 2011-2012 school year by totaling the number
of points for all pupils in
grades 3 to 8 under subdivision (a) and dividing that total by the number of those
pupils.
(c) A district is a qualifying district for the payment under this subsection
if the district average for the 2010-2011 2011-2012 school year under subdivision (b)
is at least equal to a factor of 1.5, and the district tested at least 95% of its
pupils in reading, and the district had at least 30 full academic year pupils in
grades 3 to 8 reading with a performance level change designation in reading.
(5) An amount not to exceed 40% of the maximum per pupil amount allocated under
subsection (2) shall be used to make performance incentive payments to qualifying
districts under this subsection for high school improvement using a metric based on
the positive trend over a 4-year period in the percentage of high school pupils in the
district testing as proficient in all tested subject areas on the state assessments of
high school pupils. The amount of a payment under this subsection is an amount equal
to $40.00 per pupil for all pupils in membership in the district. The department shall
determine the qualifying districts under this subsection as follows:
(a) Calculate a linear regression of the percentage of high school pupils in
the district testing as proficient in all tested subject areas on state assessments of
high school pupils on school year over the 4-year period
ending with the 2010-2011
2011-2012 school year as adjusted for changes in cut scores most recently adopted for
the Michigan merit examination.
(b) Calculate a statewide average for all districts operating a high school of
the linear regression of the percentage of high school pupils testing as proficient in
all tested subject areas on state assessments of high school pupils on school year
over the 4-year period ending with the 2010-2011 2011-2012 school year, as adjusted
for changes in cut scores most recently adopted for the Michigan merit examination as
the base year for all comparisons.
(c) A district is a qualifying district for the payment under this subsection
if the district's linear regression over the 4-year period
ending with the 2010-2011
2011-2012 school year under subdivision (a) is at least equal to the statewide average
linear regression over the 4-year period ending with the base year under subdivision
(b), and the district's linear regression over the 4-year
period ending with the 2010-
2011 2011-2012 school year under subdivision (a) is
positive, and the district tested
95% of high school pupils in each tested subject on the
Michigan merit examination
STATE ASSESSMENTS, and the district had at least 20 full academic year pupils take all
tested subjects on the Michigan merit examination ASSESSMENTS OF HIGH SCHOOL PUPILS
over each of the most recent 4 years.
(6) If the allocation under subsection (1) is insufficient to fully fund
payments as otherwise calculated under this section, the department shall prorate
payments under this section on an equal percentage basis.
SEC. 22K. (1) FROM THE APPROPRIATION IN SECTION 11, THERE IS ALLOCATED FOR
2013-2014 AN AMOUNT NOT TO EXCEED $8,000,000.00 FOR COMPETITIVE STUDENT-CENTRIC GRANTS
TO ELIGIBLE DISTRICTS.
(2) IN ORDER TO BE ELIGIBLE TO RECEIVE GRANTS, A DISTRICT SHALL DEMONSTRATE
THAT THE DISTRICT DOES ALL OF THE FOLLOWING TO THE SATISFACTION OF THE DEPARTMENT:
(A) PROVIDES A RIGOROUS CURRICULUM ALIGNED TO STATE, NATIONAL AND INTERNATIONAL
STANDARDS.
(B) ORGANIZES INSTRUCTIONAL DELIVERY IN SUCH A WAY THAT INDIVIDUAL STUDENTS
ADVANCE TO THE NEXT LEVEL OF LEARNING BASED ON THEIR INDIVIDUAL MASTERY OF EACH
SUBJECT AREA.
(C) ALLOWS FOR SCHOOL SITE-BASED AUTONOMY IN DECISION MAKING.
(D) ENSURES THAT TEACHERS HAVE ACCESS TO:
(I) TIMELY AND MEANINGFUL STUDENT ACADEMIC ACHIEVEMENT DATA.
(II) BEST INSTRUCTIONAL PRACTICES.
(III) TIME TO COLLABORATE WITH OTHERS.
(IV) MENTORS.
(V) PROFESSIONAL DEVELOPMENT TIED TO STUDENT NEEDS AS DEMONSTRATED BY DATA.
(3) DISTRICTS SHALL SUBMIT APPLICATIONS TO THE DEPARTMENT BY OCTOBER 1, 2013 IN
A FORM AND MANNER DETERMINED BY THE DEPARTMENT. THE DEPARTMENT SHALL AWARD GRANTS ON A
PER PUPIL BASIS TO ELIGIBLE RECIPIENTS NO LATER THAN DECEMBER 30, 2013.
Sec. 24. (1) From the appropriation in section 11, there is allocated EACH
FISCAL
YEAR for 2012-2013
2013-2014 AND 2014-2015 an amount not to exceed
$8,000,000.00 for payments to the educating district or intermediate district for
educating pupils assigned by a court or the department of human services to reside in
or to attend a juvenile detention facility or child caring institution licensed by the
department of human services and approved by the department to provide an on-grounds
education program. The amount of the payment under this section to a district or
intermediate district shall be calculated as prescribed under subsection (2).
(2) The total amount allocated under this section shall be allocated by paying
to the educating district or intermediate district an amount equal to the lesser of
the district's or intermediate district's added cost or the department's approved per
pupil allocation for the district or intermediate district. For the purposes of this
subsection:
(a) "Added cost" means 100% of the added cost each fiscal year for educating
all pupils assigned by a court or the department of human services to reside in or to
attend a juvenile detention facility or child caring institution licensed by the
department of human services or the department of licensing and regulatory affairs and
approved by the department to provide an on-grounds education program. Added cost
shall be computed by deducting all other revenue received
under this act ARTICLE for
pupils described in this section from total costs, as approved by the department, in
whole or in part, for educating those pupils in the on-grounds education program or in
a program approved by the department that is located on property adjacent to a
juvenile detention facility or child caring institution. Costs reimbursed by federal
funds are not included.
(b) "Department's approved per pupil allocation" for a district or intermediate
district shall be determined by dividing the total amount allocated under this section
for a fiscal year by the full-time equated membership total for all pupils approved by
the department to be funded under this section for that fiscal year for the district
or intermediate district.
(3) A district or intermediate district educating pupils described in this
section at a residential child caring institution may operate, and receive funding
under this section for, a department-approved on-grounds educational program for those
pupils that is longer than 181 days, but not longer than 233 days, if the child caring
institution was licensed as a child caring institution and offered in 1991-92 an on-
grounds educational program that was longer than 181 days but not longer than 233 days
and that was operated by a district or intermediate district.
(4) Special education pupils funded under section 53a shall not be funded under
this section.
Sec. 24a. From the appropriation in section 11, there is allocated an amount
not to exceed $2,135,800.00 $2,167,500.00 for 2012-2013 2013-2014
AND 2014-2015 for
payments to intermediate districts for pupils who are placed in juvenile justice
service facilities operated by the department of human services. Each intermediate
district shall receive an amount equal to the state share of those costs that are
clearly and directly attributable to the educational programs for pupils placed in
facilities described in this section that are located within the intermediate
district's boundaries. The intermediate districts receiving payments under this
section shall cooperate with the department of human services to ensure that all
funding allocated under this section is utilized by the intermediate district and
department of human services for educational programs for pupils described in this
section. Pupils described in this section are not eligible to be funded under section
24. However, a program responsibility or other fiscal responsibility associated with
these pupils shall not be transferred from the department of human services to a
district or intermediate district unless the district or intermediate district
consents to the transfer.
Sec. 24c. From the appropriation in section 11, there is allocated EACH FISCAL
YEAR an amount not to exceed
$1,500,000.00 for 2012-2013 2013-2014
AND 2014-2015 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. 25. (1) Unless another method of pupil accounting is enacted, this section
applies beginning in 2013-2014.
(2) If a pupil enrolls in a district or intermediate district after the pupil
membership count day and, due to the pupil’s enrollment and attendance status as of
the pupil membership count day, the pupil was not counted in membership in the
educating district or intermediate district, the educating district or intermediate
district shall report the enrollment and attendance information to the department. If
the pupil transfers from another district or intermediate district, the educating
district or intermediate district also shall report the enrollment and attendance
information to that other district or intermediate district. Upon receipt of
enrollment information under this subsection indicating that a pupil has enrolled and
is in attendance in an educating district or intermediate district as described in
this subsection, the department shall do both of the following:
(a) Adjust the membership calculation for each district or intermediate
district in which the pupil was previously counted in membership or that previously
received an adjustment in its membership calculation under this section due to the
pupil’s enrollment and attendance, if any, so that the district’s or intermediate
district’s membership is prorated to allow the district or intermediate district to
receive for each school day in which the pupil was enrolled and in attendance in the
district an amount equal to 1/180 of the foundation allowance or per pupil payment as
calculated under section 20 for the district or intermediate district. The foundation
allowance or per pupil payment shall be adjusted by the pupil’s full-time equated
status as affected by the membership definition under section 6(4).
(b) Include in the membership calculation for the educating district or
intermediate district for each school day in which the pupil is enrolled and is in
attendance in the educating district or intermediate district, not to exceed a number
of school days equal to the difference between 180 and the number of school days in
which the pupil was reported under this section as previously enrolled in 1 or more
other districts or intermediate districts, an amount equal to 1/180 of the foundation
allowance or per pupil payment as calculated under section 20 for the educating
district or intermediate district. The foundation allowance or per pupil payment shall
be adjusted by the pupil’s full-time equated status as affected by the membership
definition under section 6(4).
(3) The changes in calculation of state school aid required under subsection
(2) shall take effect as of the date that the pupil becomes enrolled and in attendance
in the educating district or intermediate district, and the department shall base all
subsequent payments under this act ARTICLE for the fiscal year to the affected
districts or intermediate districts on this recalculation of state school aid.
(4) If a pupil enrolls in an educating district or intermediate district as
described in subsection (2), if adjustments are made in calculations pursuant to
subsection (1) due to that enrollment, and if the pupil subsequently ceases to be
enrolled and in attendance in the educating district or intermediate district, the
educating district or intermediate district that received an adjustment in its
membership calculation under subsection (2) shall notify the department of the last
date of the pupil’s enrollment and attendance in the educating district or
intermediate district and the number of days the pupil was enrolled in the educating
district or intermediate district.
(5) If a pupil enrolls in an educating district or intermediate district as
described in subsection (2), the district or intermediate district in which the pupil
is counted in membership or another educating district or intermediate district that
received an adjustment in its membership calculation under subsection (2), if any, and
the educating district or intermediate district shall provide to the department all
information the department requires to comply with this section.
(6) As used in this section, "educating district or intermediate district"
means the district or intermediate district in which a pupil enrolls after the pupil
membership count day or after an adjustment was made in another district’s or
intermediate district’s membership calculation under this section due to the pupil’s
enrollment and attendance.
Sec. 26a. (1) From the state school aid
fund appropriation in section 11, there
is allocated EACH
FISCAL YEAR an amount
not to exceed $25,137,500.00 for 2011-2012 and
an amount not to exceed $26,300,000.00 for 2012-2013 FISCAL YEAR 2013-2014 AND FISCAL
YEAR 2014-2015 to reimburse districts and intermediate districts pursuant to section
12 of the Michigan renaissance zone act, 1996 PA 376, MCL 125.2692, for taxes levied
in 2012 2013 OR
2014 AS APPLICABLE. The
allocations shall be made not later than 60
days after the department of treasury certifies to the department and to the state
budget director that the department of treasury has received all necessary information
to properly determine the amounts due to each eligible recipient.
(2) In addition to the allocation under
subsection (1), from the general fund
money appropriated under section 11, there is allocated an
amount not to exceed
$1,500,000.00 for 2012-2013 to reimburse public libraries
pursuant to section 12 of
the Michigan renaissance zone act, 1996 PA 376, MCL
125.2692, for taxes levied in
2012. The allocations shall be made not later than 60 days
after the department of
treasury certifies to the department and to the state
budget director that the
department of treasury has received all necessary
information to properly determine
the amounts due to each eligible recipient.
Sec. 26b. (1) From the appropriation in section 11, there is allocated for
2012-2013 2013-2014 an amount not to exceed $3,328,000.00 $4,009,500.00 AND FOR 2014-
2015 AN AMOUNT NOT TO EXCEED $4,410,500.00 for payments to districts, intermediate
districts, and community college districts for the portion of the payment in lieu of
taxes obligation that is attributable to districts, intermediate districts, and
community college districts pursuant to section 2154 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.2154.
(2) If the amount appropriated under this section is not sufficient to fully
pay obligations under this section, payments shall be prorated on an equal basis among
all eligible districts, intermediate districts, and community college districts.
Sec. 26c. (1) From the appropriation in section 11, there is allocated EACH
FISCAL
YEAR an amount not to
exceed $276,800.00 $224,000.00 for 2011-2012 2013-2014
AND
2014-2015 and an
amount not to exceed $347,800.00 for 2012-2013 to the promise
zone fund created in subsection (3).
(2) Funds allocated to the promise zone fund under this section shall be used
solely for payments to eligible districts and intermediate districts that have a
promise zone development plan approved by the department of treasury under section 7
of the Michigan promise zone authority act, 2008 PA 549, MCL 390.1667.
(3) The promise zone fund is created as a separate account within the state
school aid fund to be used solely for the purposes of the Michigan promise zone
authority act, 2008 PA 549, MCL 390.1661 to 390.1679. All of the following apply to
the promise zone fund:
(a) The state treasurer shall direct the investment of the promise zone fund.
The state treasurer shall credit to the promise zone fund interest and earnings from
fund investments.
(b) Money in the promise zone fund at the close of a fiscal year shall remain
in the promise zone fund and shall not lapse to the general fund.
(4) Subject to subsection (2), the state treasurer may make payments from the
promise zone fund to eligible districts and intermediate districts pursuant to the
Michigan promise zone authority act, 2008 PA 549, MCL 390.1661 to 390.1679, to be used
for the purposes of a promise zone authority created under that act.
Sec. 31a. (1) From the state school aid fund money appropriated in section 11,
there is allocated EACH
FISCAL YEAR for 2012-2013
2013-2014 AND 2014-2015 an amount
not to exceed $317,695,500.00 for payments to eligible districts, eligible public
school academies, and the education achievement system under this section. Subject to
subsection (14), the amount of the additional allowance under this section, other than
funding under subsection (6) or (7), shall be based on the number of actual pupils in
membership in the district or public school academy or the education achievement
system who met the income eligibility criteria for free breakfast, lunch, or milk in
the immediately preceding state fiscal year, as determined under the Richard B.
Russell national school lunch act, 42 USC 1751 to 1769i, and reported to the
department not later than the fifth Wednesday after the pupil membership count day of
the immediately preceding fiscal year and adjusted not later than December 31 of the
immediately preceding fiscal year in the form and manner prescribed by the center.
However, for a public school academy that began operations as a public school academy,
or for an achievement school that began operations as an achievement school, after the
pupil membership count day of the immediately preceding school year, the basis for the
additional allowance under this section shall be the number of actual pupils in
membership in the public school academy or the education achievement system who met
the income eligibility criteria for free breakfast, lunch, or milk in the current
state fiscal year, as determined under the Richard B. Russell national school lunch
act and reported to the department not later than the fifth Wednesday after the pupil
membership count day.
(2) To be eligible to receive funding under this section, other than funding
under subsection (6) or (7), a district or public school academy that has not been
previously determined to be eligible or the education achievement system shall apply
to the department, in a form and manner prescribed by the department, and a district
or public school academy or the education achievement system must meet all of the
following:
(a) The sum of the district's or public school academy's or the education
achievement system's combined state and local revenue per membership pupil in the
current state fiscal year, as calculated under section 20, is less than or equal to
the basic foundation allowance under section 20 for the current state fiscal year.
(b) The district or public school academy or the education achievement system
agrees to use the funding only for purposes allowed under this section and to comply
with the program and accountability requirements under this section.
(3) Except as otherwise provided in this subsection, an eligible district or
eligible public school academy or the education achievement system shall receive under
this section for each membership pupil in the district or public school academy or the
education achievement system who met the income eligibility criteria for free
breakfast, lunch, or milk, as determined under the Richard B. Russell national school
lunch act and as reported to the department not later than the fifth Wednesday after
the pupil membership count day of the immediately preceding fiscal year and adjusted
not later than December 31 of the immediately preceding fiscal year, an amount per
pupil equal to 11.5% of the sum of the district's foundation allowance or the public
school academy's or the education achievement system's per pupil amount calculated
under section 20, not to exceed the basic foundation allowance under section 20 for
the current state fiscal year, or of the public school academy's or the education
achievement system's per membership pupil amount calculated under section 20 for the
current state fiscal year. A public school academy that began operations as a public
school academy, or an achievement school that began operations as an achievement
school, after the pupil membership count day of the immediately preceding school year
shall receive under this section for each membership pupil in the public school
academy or in the education achievement system who met the income eligibility criteria
for free breakfast, lunch, or milk, as determined under the Richard B. Russell
national school lunch act and as reported to the department not later than the fifth
Wednesday after the pupil membership count day of the current fiscal year and adjusted
not later than December 31 of the current fiscal year, an amount per pupil equal to
11.5% of the public school academy's or the education achievement system's per
membership pupil amount calculated under section 20 for the current state fiscal year.
(4) Except as otherwise provided in this section, a district or public school
academy, or the education achievement system, receiving funding under this section
shall use that money only to provide instructional programs and direct
noninstructional services, including, but not limited to, medical or counseling
services, for at-risk pupils; for school health clinics; FOR PRESCHOOL PROGRAMS
PURSUANT TO SECTION 32D; and for the purposes of subsection (5), (6), or (7). In
addition, a district that is a school district of the first class or a district or
public school academy in which at least 50% of the pupils in membership met the income
eligibility criteria for free breakfast, lunch, or milk in the immediately preceding
state fiscal year, as determined and reported as described in subsection (1), or the
education achievement system if it meets this requirement, may use not more than 20%
of the funds it receives under this section for school security. A district, the
public school academy, or the education achievement system shall not use any of that
money for administrative costs or to supplant another program or other funds, except
for funds allocated to the district or public school academy or the education
achievement system under this section in the immediately preceding year and already
being used by the district or public school academy or the education achievement
system for at-risk pupils. The instruction or direct noninstructional services
provided under this section may be conducted before or after regular school hours or
by adding extra school days to the school year and may include, but are not limited
to, tutorial services, early childhood programs to serve children age 0 to 5, and
reading programs as described in former section 32f as in effect for 2001-2002. A
tutorial method may be conducted with paraprofessionals working under the supervision
of a certificated teacher. The ratio of pupils to paraprofessionals shall be between
10:1 and 15:1. Only 1 certificated teacher is required to supervise instruction using
a tutorial method. As used in this subsection, "to supplant another program" means to
take the place of a previously existing instructional program or direct
noninstructional services funded from a funding source other than funding under this
section.
(5) Except as otherwise provided in subsection (12), a district or public
school academy that receives funds under this section and that operates a school
breakfast program under section 1272a of the revised school code, MCL 380.1272a, or
the education achievement system if it operates a school breakfast program, shall use
from the funds received under this section an amount, not to exceed $10.00 per pupil
for whom the district or public school academy or the education achievement system
receives funds under this section, necessary to pay for costs associated with the
operation of the school breakfast program.
(6) From the funds allocated under subsection (1), there is allocated EACH
FISCAL
YEAR for 2012-2013
2013-2014 AND 2014-2015 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 EACH
FISCAL
YEAR for 2012-2013
2013-2014 AND 2014-2015 an amount not to exceed
$5,150,000.00 for the state portion of the hearing and vision screenings as described
in section 9301 of the public health code, 1978 PA 368, MCL 333.9301. A local public
health department shall pay at least 50% of the total cost of the screenings. The
frequency of the screenings shall be as required under R 325.13091 to R 325.13096 and
R 325.3271 to R 325.3276 of the Michigan administrative code. Funds shall be awarded
in a form and manner approved jointly by the department and the department of
community health. Notwithstanding section 17b, payments to eligible entities under
this subsection shall be paid on a schedule determined by the department.
(8) Each district or public school academy receiving funds under this section
and the education achievement system shall submit to the department by July 15 of each
fiscal year a report, not to exceed 10 pages, on the usage by the district or public
school academy or the education achievement system of funds under this section, which
report shall include at least a brief description of each program conducted by the
district or public school academy or the education achievement system using funds
under this section, the amount of funds under this section allocated to each of those
programs, the number of at-risk pupils eligible for free or reduced price school lunch
who were served by each of those programs, and the total number of at-risk pupils
served by each of those programs. If a district or public school academy or the
education achievement system does not comply with this subsection, the department
shall withhold an amount equal to the August payment due under this section until the
district or public school academy or the education achievement system complies with
this subsection. If the district or public school academy or the education achievement
system does not comply with this subsection by the end of the state fiscal year, the
withheld funds shall be forfeited to the school aid fund.
(9) In order to receive funds under this section, a district or public school
academy or the education achievement system shall allow access for the department or
the department's designee to audit all records related to the program for which it
receives those funds. The district or public school academy or the education
achievement system shall reimburse the state for all disallowances found in the audit.
(10) Subject to subsections (5), (6), (7), (12), and (13), any district may use
up to 100% of the funds it receives under this section to reduce the ratio of pupils
to teachers in grades K-12, or any combination of those grades, in school buildings in
which the percentage of pupils described in subsection (1) exceeds the district's
aggregate percentage of those pupils. Subject to subsections (5), (6), (7), (12), and
(13), if a district obtains a waiver from the
department, the 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-12, or any combination of those grades, in school buildings in
which the percentage of pupils described in subsection (1) is at least 60% of the
district's aggregate percentage of those pupils and at least 30% of the total number
of pupils enrolled in the school building. To obtain a
waiver, a district must apply
to the department and demonstrate to the satisfaction of
the department that the class
size reductions would be in the best interests of the
district's at-risk pupils.
(11) A district or public school academy or the education achievement system
may use funds received under this section for adult high school completion, general
educational development (G.E.D.) test preparation, adult English as a second language,
or adult basic education programs described in section 107.
(12) For an individual school or schools operated by a district or public
school academy receiving funds under this section or the education achievement system
that have been determined by the department to meet the adequate yearly progress
standards of the no child left behind act of 2001, Public Law 107-110, in both
mathematics and English language arts at all applicable grade levels for all
applicable subgroups, the district or public school academy or the education
achievement system may use not more than 20% of the funds it receives under this
section for specific alternative purposes identified by the district or public school
academy or the education achievement system that are designed to benefit at-risk
pupils in the school, but that may be different from the purposes otherwise allowable
under this section. If a district or public school academy or the education
achievement system uses funds for alternative purposes allowed under the flexibility
provisions under this subsection, the district or public school academy or the
education achievement system shall maintain documentation of the amounts used for
those alternative purposes and shall make that information available to the department
upon request.
(13) A district or public school academy that receives funds under this section
or the education achievement system may use funds it receives under this section to
implement and operate an early intervening program for pupils in grades K to 3 that
meets either or both of the following:
(a) Monitors individual pupil learning and provides specific support or
learning strategies to pupils as early as possible in order to reduce the need for
special education placement. The program shall include literacy and numeracy supports,
sensory motor skill development, behavior supports, instructional consultation for
teachers, and the development of a parent/school learning plan. Specific support or
learning strategies may include support in or out of the general classroom in areas
including reading, writing, math, visual memory, motor skill development, behavior, or
language development. These would be provided based on an understanding of the
individual child's learning needs.
(b) Provides early intervening strategies using school-wide systems of academic
and behavioral supports and is scientifically research-based. The strategies to be
provided shall include at least pupil performance indicators based upon response to
intervention, instructional consultation for teachers, and ongoing progress
monitoring. A school-wide system of academic and behavioral support should be based on
a support team available to the classroom teachers. The members of this team could
include the principal, special education staff, reading teachers, and other
appropriate personnel who would be available to systematically study the needs of the
individual child and work with the teacher to match instruction to the needs of the
individual child.
(14) If necessary, and before any proration required
under section 11 296, the
department shall prorate payments under this section by reducing the amount of the per
pupil payment under this section by a dollar amount calculated by determining the
amount by which the amount necessary to fully fund the requirements of this section
exceeds the maximum amount allocated under this section and then dividing that amount
by the total statewide number of pupils who met the income eligibility criteria for
free breakfast, lunch, or milk in the immediately preceding fiscal year, as described
in subsection (1).
(15) If a district is formed by consolidation after June 1, 1995, and if 1 or
more of the original districts was not eligible before the consolidation for an
additional allowance under this section, the amount of the additional allowance under
this section for the consolidated district shall be based on the number of pupils
described in subsection (1) enrolled in the consolidated district who reside in the
territory of an original district that was eligible before the consolidation for an
additional allowance under this section.
(16) As used in this section, "at-risk pupil" means a pupil for whom the
district has documentation that the pupil meets at least 2 of the following criteria:
is a victim of child abuse or neglect; is below grade level
in English language and
communication skills ARTS or mathematics; is a pregnant
teenager or teenage parent; is
eligible for a federal free or reduced-price lunch subsidy; has atypical behavior or
attendance patterns; or has a family history of school failure, incarceration, or
substance abuse. AT-RISK PUPIL ALSO INCLUDES ALL PUPILS IN A PRIORITY SCHOOL AS
DEFINED IN THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 2001 FLEXIBILITY REQUEST
APPROVED BY THE UNITED STATES DEPARTMENT OF EDUCATION. For pupils for whom the results
of at least the applicable Michigan education assessment program (MEAP) test have been
received, at-risk pupil also includes a pupil who does not meet the other criteria
under this subsection but who did not achieve at least a score of level 2 on the most
recent MEAP English language arts, mathematics, science test, or social studies for
which results for the pupil have been received. For pupils for whom the results of the
Michigan merit examination have been received, at-risk pupil also includes a pupil who
does not meet the other criteria under this subsection but who did not achieve
proficiency on the reading, component WRITING,
MATHEMATICS, SCIENCE OR SOCIAL STUDIES
COMPONENTS of the most recent Michigan merit examination for which results for the
pupil have been received, did not achieve proficiency on
the mathematics component of
the most recent Michigan merit examination for which
results for the pupil have been
received, or did not achieve basic competency on the
science component of the most
recent Michigan merit examination for which results for the
pupil have been received.
For pupils in grades K-3, at-risk pupil also includes a pupil who is at risk of not
meeting the district's core academic curricular objectives in English language arts or
mathematics.
(17) A district or public school academy that receives funds under this section
or the education achievement system may use funds received under this section to
provide an anti-bullying or crisis intervention program.
Sec. 31d. (1) From the appropriations in section 11, there is allocated EACH
FISCAL
YEAR an amount not to
exceed $22,495,100.00 for 2012-2013 2013-2014
AND 2014-
2015 for the purpose of making payments to districts and other eligible entities under
this section.
(2) The amounts allocated from state sources under this section shall be used
to pay the amount necessary to reimburse districts for 6.0127% of the necessary costs
of the state mandated portion of the school lunch programs provided by those
districts. The amount due to each district under this section shall be computed by the
department using the methods of calculation adopted by the Michigan supreme court in
the consolidated cases known as Durant v State of Michigan, Michigan supreme court
docket no. 104458-104492.
(3) The payments made under this section include all state payments made to
districts so that each district receives at least 6.0127% of the necessary costs of
operating the state mandated portion of the school lunch program in a fiscal year.
(4) The payments made under this section to districts and other eligible
entities that are not required under section 1272a of the revised school code, MCL
380.1272a, to provide a school lunch program shall be in an amount not to exceed
$10.00 per eligible pupil plus 5 cents for each free lunch and 2 cents for each
reduced price lunch provided, as determined by the department.
(5) From the federal funds appropriated in section 11, there is allocated for
2012-2013 2013-2014 AND
2014-2015 all available
federal funding, estimated at
$400,000,000.00 $460,000,000.00, for the national school lunch
program and all
available federal funding, estimated at $2,506,000.00
$3,200,000.00, for the emergency
food assistance program.
(6) Notwithstanding section 17b, payments to eligible entities other than
districts under this section shall be paid on a schedule determined by the department.
(7) In purchasing food for a school lunch program funded under this section,
preference shall be given to food that is grown or produced by Michigan businesses if
it is competitively priced and of comparable quality.
Sec. 31f. (1) From the appropriations in section 11, there is allocated EACH
FISCAL
YEAR an amount not to
exceed $9,625,000.00 $5,625,000.00 for 2012-2013 2013-
2014 AND 2014-2015 for the purpose of making payments to districts to reimburse for
the cost of providing breakfast.
(2) The funds allocated under this section for school breakfast programs shall
be made available to all eligible applicant districts that meet all of the following
criteria:
(a) The district participates in the federal school breakfast program and meets
all standards as prescribed by 7 CFR parts 220 and 245.
(b) Each breakfast eligible for payment meets the federal standards described
in subdivision (a).
(3) The payment for a district under this section is at a per meal rate equal
to the lesser of the district's actual cost or 100% of the statewide average cost of a
breakfast served, as determined and approved by the department, less federal
reimbursement, participant payments, and other state reimbursement. The statewide
average cost shall be determined by the department using costs as reported in a manner
approved by the department for the preceding school year.
(4) Notwithstanding section 17b, payments under this section may be made
pursuant to an agreement with the department.
(5) In purchasing food for a school breakfast program funded under this
section, preference shall be given to food that is grown or produced by Michigan
businesses if it is competitively priced and of comparable quality.
Sec. 32d. (1) From the funds appropriated in section 11, there is allocated to
eligible intermediate districts and consortia of intermediate districts for great
start readiness programs an amount not to exceed $109,275,000.00
$174,275,000.00 for
2012-2013 2013-2014 AND AN
AMOUNT NOT TO EXCEED $239,275,000.00 FOR 2014-2015. Funds
allocated under this section shall be used to provide part-day, school-day, or
GSRP/head start blended comprehensive free compensatory classroom programs designed to
do 1 or both of the following:
(a) Improve IMPROVE the
readiness and subsequent achievement of educationally
disadvantaged children as defined by the department who
will be at least 4, but less
than 5 years of age, as of December 1 of the school year in
which the programs are
offered, and who meet the participant eligibility and prioritization
guidelines as
defined by the state board DEPARTMENT. BEGINNING IN
2013-2014, FOR A CHILD TO BE
ELIGIBLE TO PARTICIPATE IN A PROGRAM UNDER THIS SECTION, THE CHILD SHALL BE AT LEAST
4, BUT LESS THAN 5 YEARS OF AGE, AS OF THE DATE SPECIFIED FOR DETERMINING A CHILD’S
ELIGIBILITY TO ATTEND SCHOOL UNDER SECTION 1147 OF THE REVISED SCHOOL CODE, MCL
380.1147.
(b) Provide preschool and parenting education
programs similar to those under
former section 32b as in effect for 2001-2002. Beginning in
2007-2008, funds spent for
programs described in this subdivision shall not exceed the
amount spent under this
subdivision for the immediately preceding fiscal year.
Funds spent for programs
described in this subdivision shall be used for services to
families with income below
300% of the federal poverty level.
(2) Funds allocated under this section shall be allocated to intermediate
districts or consortia of intermediate districts. An intermediate district or
consortium of intermediate districts receiving funding under this section shall act as
the fiduciary for the great start readiness programs. For 2012-2013 2013-2014, the
fiduciary intermediate districts and consortia of
intermediate districts shall
allocate the funding under this section as follows:
(a) An AN
amount not to exceed $100,400,000.00
$174,275,000.00 AND
FOR 2014-
2015, AN AMOUNT NOT TO EXCEED $239,275,000.00 IS allocated to intermediate districts
and consortia of intermediate districts as directed by
the department based on the
formula in section 39. In order to be eligible to receive funds allocated under this
subdivision SUBSECTION from an intermediate district or
consortium of intermediate
districts, a district or,
consortium of districts, OR A PUBLIC OR
PRIVATE FOR-PROFIT
OR NONPROFIT LEGAL ENTITY OR AGENCY shall comply with this section and section 39.
(b) An amount not to exceed $8,875,000.00
allocated in grants to competitive
great start readiness programs as directed by the department
based on the grant award
process in section 32l. In order to be eligible to receive
funds allocated under this
section from an intermediate district or consortium of
intermediate districts, a
competitive great start readiness program shall comply with
this section and section
32l.
(3) In addition to the allocation under subsection (1), from the general fund
money appropriated under section 11, there is allocated FOR EACH FISCAL YEAR an amount
not to exceed $300,000.00 for 2012-2013 2013-2014 AND 2014-2015 for a competitive
grant to continue a longitudinal evaluation of children who have participated in great
start readiness programs.
(4) To be eligible for funding under this section, a program shall prepare
children for success in school through comprehensive part-day, school-day, or
GSRP/head start blended programs that contain all of the following program components,
as determined by the department:
(a) Participation in a collaborative recruitment and
enrollment process. At a
minimum, the process shall include all other funded
preschool programs that may serve
children in the same geographic area, to assure that each child is
enrolled in the
program most appropriate to his or her needs and to maximize the use of federal,
state, and local funds.
(b) An age-appropriate educational curriculum that is in compliance with the
early childhood standards of quality for prekindergarten children adopted by the state
board.
(c) Nutritional services for all program participants SUPPORTED BY FEDERAL,
STATE AND LOCAL RESOURCES AS APPLICABLE.
(d) Health and developmental screening services for all program participants.
(e) Referral services for families of program participants to community social
service agencies, as appropriate.
(f) Active and continuous involvement of the parents or guardians of the program
participants.
(g) A plan to conduct and report annual great start readiness program
evaluations and continuous improvement plans using criteria approved by the
department.
(h) Participation in a multidistrict, multiagency, school readiness advisory
committee CONVENED AS A WORKGROUP OF THE GREAT START COLLABORATIVE that provides for
the involvement of classroom teachers, parents or guardians of program participants,
and community, volunteer, and social service agencies and organizations, as
appropriate. The advisory committee annually shall review the program components
listed in this subsection and make recommendations for changes to the great start
readiness program for which it is an advisory committee.
(i) The ongoing articulation of the kindergarten and first grade programs
offered by the program provider.
(J) PARTICIPATING IN THE STATE’S GREAT START TO QUALITY PROCESS WITH A RATING OF
AT LEAST 3 STARS.
(5) An application for funding under this section shall provide for the
following, in a form and manner determined by the department:
(a) Ensure compliance with all program components described in subsection (4).
(b) Ensure that more than 75% AT LEAST 90% of the children participating in an
eligible great start readiness program FOR WHOM THE PROVIDER IS RECEIVING FUNDS FROM
THIS SECTION are children who live with families with a household income that is equal
to or less than 300% of the federal poverty level.
(c) Ensure that the applicant only uses qualified personnel for this program, as
follows:
(i) Teachers possessing proper training. For programs managed directly by a
district or intermediate district, a valid teaching certificate and an early childhood
(ZA or ZS) endorsement are required. This provision does
not apply to a district,
intermediate district, or competitive program that
subcontracts with
an eligible child
development program. In that situation, a teacher must have a valid Michigan teaching
certificate with an early childhood (ZA or ZS) endorsement, a valid Michigan
elementary teaching certificate with a child development associate credential, or a
bachelor's degree in child development with specialization in preschool teaching.
However, if an applicant demonstrates to the department that it is unable to fully
comply with this subparagraph after making reasonable efforts to comply, teachers who
have significant but incomplete training in early childhood education or child
development may be used if the applicant provides to the department, and the
department approves, a plan for each teacher to come into compliance with the
standards in this subparagraph. A teacher's compliance plan must be completed within 2
years of the date of employment. Progress toward completion of the compliance plan
shall consist of at least 2 courses per calendar year.
(ii) Paraprofessionals possessing proper training in early childhood
development, including an associate's degree in early childhood education or child
development or the equivalent, or a child development associate (CDA) credential.
However, if an applicant demonstrates to the department that it is unable to fully
comply with this subparagraph after making reasonable efforts to comply, the applicant
may use paraprofessionals who have completed at least 1 course that earns college
credit in early childhood education or child development if the applicant provides to
the department, and the department approves, a plan for each paraprofessional to come
into compliance with the standards in this subparagraph. A paraprofessional's
compliance plan must be completed within 2 years of the date of employment. Progress
toward completion of the compliance plan shall consist of at least 2 courses or 60
clock hours of training per calendar year.
(d) Include a program budget that contains only those costs that are not
reimbursed or reimbursable by federal funding, that are clearly and directly
attributable to the great start readiness program, and that would not be incurred if
the program were not being offered. ELIGIBLE COSTS INCLUDE TRANSPORTATION COSTS. The
program budget shall indicate the extent to which these funds will supplement other
federal, state, local, or private funds. Funds received under this section shall not
be used to supplant any federal funds RECEIVED by the applicant to serve children
eligible for a federally funded existing preschool
program that has the capacity to
serve those children.
(6) For a grant recipient that enrolls pupils in a school-day program funded
under this section, each child enrolled in the school-day program shall be counted as
2 children served by the program for purposes of determining the number of children to
be served and for determining the amount of the grant award. A grant award shall not
be increased solely on the basis of providing a school-day program.
(7) An intermediate district or consortium of intermediate districts receiving a
grant under this section may PROVIDE SERVICES DIRECTLY OR MAY contract with LOCAL
DISTRICTS,
OR PUBLIC OR PRIVATE for-profit
or nonprofit preschool center providers
that meet all requirements of subsection (4) and retain for administrative services an
amount equal to not more than 5% 7%
of the grant amount. An IN
ADDITION, AN
intermediate district, OR consortium of intermediate districts, or competitive grant
program may expend not more than 10% 2% of the total
grant amount for administration
RECRUITING AND PUBLIC AWARENESS of the program.
(8) Any public or private for-profit or nonprofit
legal entity or agency may
apply for a competitive grant under this section. However,
a district or intermediate
district may not apply for a competitive grant under this
section unless the district,
intermediate district, or consortium of districts or
intermediate districts is acting
as a local grantee for the federal head start program
operating under the head start
act, 42 USC 9831 to 9852.
(8) AN INTERMEDIATE DISTRICT OR CONSORTIUM OF INTERMEDIATE DISTRICTS RECEIVING A
GRANT UNDER THIS SECTION MUST CONDUCT A LOCAL PROCESS TO CONTRACT WITH INTERESTED AND
ELIGIBLE PUBLIC AND PRIVATE FOR-PROFIT AND NONPROFIT COMMUNITY-BASED PROVIDERS THAT
MEET ALL REQUIREMENTS OF SUBSECTION (4) FOR AT LEAST 20 PERCENT OF ITS TOTAL SLOT
ALLOCATION. IF THE INTERMEDIATE DISTRICT OR CONSORTIUM OF INTERMEDIATE DISTRICTS IS
NOT ABLE TO CONTRACT FOR THAT CAPACITY, THE GRANT RECIPIENT MUST NOTIFY THE
DEPARTMENT.
(9) A recipient of funds under this section shall report to the department in a
form and manner prescribed by the department the number of children participating in
the program who meet the income or other eligibility
criteria prescribed by the
department UNDER SUBSECTION
(5)(B) and the total
number of children participating in
the program. For children participating in the program who
meet the income or other
eligibility criteria specified under subsection (5)(b), a recipient shall also report
whether or not a parent is available to provide care based on employment status. For
the purposes of this subsection, "employment status" shall be defined by the
department of human services in a manner consistent with maximizing the amount of
spending that may be claimed for temporary assistance for needy families maintenance
of effort purposes.
(10) As used in this section:
(a) "GSRP/head start blended program" means a part-day program funded under this
section and a head start program, which are combined for a school-day program.
(b) "Part-day program" means a program that operates at least 4 days per week,
30 weeks per year, for at least 3 hours of teacher-child contact time per day but for
fewer hours of teacher-child contact time per day than a school-day program.
(c) "School-day program" means a program that operates for at least the same
length of day as a district's first grade program for a minimum of 4 days per week, 30
weeks per year. A classroom that offers a school-day program must enroll all children
for the school day to be considered a school-day program.
(11) A grant recipient receiving funds under this
section is encouraged to SHALL
establish a sliding scale of tuition rates based upon a
child's family income for the
purpose of expanding eligible programs under this section HOUSEHOLD
INCOME FOR
CHILDREN PARTICIPATING IN AN ELIGIBLE GREAT START READINESS PROGRAM WHO LIVE WITH
FAMILIES WITH A HOUSEHOLD INCOME THAT IS MORE THAN 300% OF THE FEDERAL POVERTY LEVEL
TO
BE USED BY ALL PROVIDERS, AS APPROVED BY THE DEPARTMENT. A grant recipient may
SHALL
charge tuition for
programs provided under this section according to that
sliding scale of tuition rates on a uniform basis for any child who does not meet the
program INCOME eligibility requirements under this
section.
(12) The department shall develop a plan for a
multiyear phased-in approach to
transfer funding for great start readiness programs under
this section into an early
childhood block grant program, along with funding for great
start collaboratives under
section 32b and funding for great parents, great start
programs under section 32j. The
early childhood block grant program will allocate funds to
intermediate districts and
consortia of intermediate districts to act as fiduciaries
and provide administration
of regional early childhood programs in conjunction with
their regional great start
collaborative to improve program quality, evaluation, and
efficiency for early
childhood programs. The department shall work with
intermediate districts, districts,
great start collaboratives, and the early childhood
investment corporation to
establish a revised funding formula, application process,
program criteria, and data
reporting requirements.
Sec. 32p. (1) From the school aid fund appropriation in section 11, there is
allocated EACH FISCAL YEAR an amount not to exceed $10,900,000.00 TO INTERMEDIATE
DISTRICTS
for 2012-2013 2013-2014 AND 2014-2015 for the purpose of providing early
childhood funding to intermediate school districts in block
grants SUPPORTING THE
ACTIVITIES REQUIRED UNDER SUBSECTION (2) AND PROVIDING EARLY CHILDHOOD PROGRAMS
SIMILAR TO THOSE UNDER FORMER SECTION 32B AS IN EFFECT FOR 2001-2002 FOR CHILDREN FROM
BIRTH
THROUGH AGE 8. The
BEGINNING IN 2013-2014, THE
funding provided to
each
intermediate district under this section shall be equal to the
sum of all funding
allocated under former sections 32b and 32j, as those
sections were in effect for
2011-2012 100% OF
THE AMOUNT ALLOCATED TO THE INTERMEDIATE DISTRICT UNDER THIS SECTION
FOR THE IMMEDIATELY PRECEDING FISCAL YEAR. In order to receive funding under this
section, each intermediate district shall provide an application to the office of
great start not later than August SEPTEMBER 15, 2012, OF
THE PRIOR STATE FISCAL YEAR
indicating the activities planned to be provided and
children served under the block
grant.
(2) (A) Each intermediate district or
consortium of intermediate districts that
receives funding under this section shall convene a local great start collaborative
and a parent coalition to address the availability of
the following 6 components of a
great start system in its communities: physical health,
social-emotional health,
family supports, basic needs, economic stability and
safety, and parenting education
and early education and care. The goal of a local EACH great start collaborative AND
PARENT
COALITION is SHALL
BE to ensure THE COORDINATION AND EXPANSION OF LOCAL EARLY
CHILDHOOD
INFRASTRUCTURE AND PROGRAMS that ALLOW every child in the community is
ready
for kindergarten TO ACHIEVE THE
FOLLOWING OUTCOMES:
(I) CHILDREN BORN HEALTHY.
(II) CHILDREN HEALTHY, THRIVING, AND DEVELOPMENTALLY ON TRACK FROM BIRTH TO
THIRD GRADE.
(III) CHILDREN DEVELOPMENTALLY READY TO SUCCEED IN SCHOOL AT THE TIME OF SCHOOL
ENTRY.
(IV) CHILDREN PREPARED TO SUCCEED IN FOURTH GRADE AND BEYOND BY READING
PROFICIENTLY BY THE END OF THIRD GRADE.
(B) Each local great start collaborative AND PARENT COALITION shall CONVENE A
WORKGROUP TO SERVE AS A SCHOOL READINESS ADVISORY COMMITTEE AS REQUIRED UNDER SECTION
32D(4)(H)
AND SHALL ensure the
coordination and expansion of infrastructure or
programming to support high-quality early childhood and
childcare programs.
An
intermediate district or consortium of intermediate
districts may reconstitutee its
local great start collaborative if that collaborative is
found to be ineffective. THAT
ITS LOCAL GREAT START SYSTEM INCLUDES THE FOLLOWING SUPPORTS FOR CHILDREN FROM BIRTH
THROUGH AGE 8:
(I) PHYSICAL HEALTH.
(II) SOCIAL-EMOTIONAL HEALTH.
(III) FAMILY SUPPORTS AND BASIC NEEDS.
(IV) PARENT EDUCATION AND CHILD ADVOCACY.
(V) EARLY EDUCATION AND CARE.
(3) Not later than December 1, 2013, OF EACH YEAR, each intermediate district
shall provide a report to the department detailing the activities actually provided
during 2012-2013 THE
PRIOR SCHOOL YEAR and
the FAMILIES AND children actually served.
The department shall compile and summarize these reports
and submit its summary to the
house and senate appropriations subcommittees on school aid
and to the house and
senate fiscal agencies. The block grants allocated under
this section implement
legislative intent language for this purpose enacted in
2011 PA 62.
(4) An intermediate district or consortium of
intermediate districts that
receives funding under this section may carry over any unexpended funds received under
this section for a fiscal year into the next fiscal
year and may expend those unused
funds in the next fiscal year. A recipient of a grant shall return any unexpended
grant funds to the department in the manner prescribed by the department not later
than September 30 of the next fiscal year after the fiscal year in which the funds are
received.
Sec. 39. (1) An eligible applicant 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 using aggregated data
from the applicant's entire service area and a community collaboration plan that 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 applicant 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 applicant and community early childhood programs have
met their funded enrollments. The applicant shall maintain a waiting list of
identified unserved eligible children who would be served when openings are available.
(2) An applicant 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 applicant 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 applicant in the
following manner: 1/2 of the percentage of the applicant's pupils in grades 1 to 5 in
all districts served by the applicant 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 districts served by the
applicant on the pupil membership count day of the 2 immediately preceding fiscal
years.
(4) The initial allocation for each fiscal year to each eligible applicant
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 applicant indicates
it will be able to serve under subsection (1)(c), whichever
is less, by $3,400.00
$3,625.00 and shall be distributed among applicants in decreasing order of
concentration of eligible children as determined by the formula under subsection (3).
If the number of children an applicant indicates it will be able to serve under
subsection (1)(c) includes children able to be served in a school-day program, then
the number able to be served in a 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 applicant indicates it
will be able to serve under subsection (1)(c) and determining the amount of the
initial allocation to the applicant under section 32d. A district may contract with a
head start agency to serve children enrolled in head start with a 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 allocated for eligible applicants in section 32d remain after the
initial allocation under subsection (4), the allocation under this subsection shall be
distributed to each eligible applicant 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 district
within the applicant's service area served in the immediately preceding fiscal year or
the number of children the applicant indicates it will be able to serve under
subsection (1)(c), whichever is less, minus the number of children for which the
applicant received funding in subsection (4) by $3,400.00
$3,625.00.
(6) If funds allocated for eligible applicants in section 32d remain after the
allocations under subsections (4) and (5), remaining funds shall be distributed to
each eligible applicant 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 applicant 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 applicant 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 $3,625.00 until the funds allocated for eligible
applicants in section 32d are distributed.
(7) An applicant that offers supplementary child care funded by funds other
than those received under section 32d 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 applicants. As used in this subsection,
"full-day program" means a program that provides supplementary child care that totals
at least 10 hours of programming per day.
(8) If, taking into account the total amount to be allocated to the applicant
as calculated under this section, an applicant determines that it is able to include
additional eligible children in the great start readiness program without additional
funds under section 32d, the applicant may include additional eligible children but
shall not receive additional funding under section 32d for those children.
Sec. 39a. (1) From the federal funds appropriated in section 11, there is
allocated EACH FISCAL
YEAR for 2012-2013
2013-2014 and 2014-2015 to districts,
intermediate districts, and other eligible entities all available federal funding,
estimated at $812,328,500.00 $811,828,500.00, for the federal programs under the no
child left behind act of 2001, Public Law 107-110. These funds are allocated as
follows:
(a) An amount estimated at $10,808,600.00 to provide students with drug- and
violence-prevention programs and to implement strategies to improve school safety,
funded from DED-OESE, drug-free schools and communities funds.
(b) An amount estimated at $250,000.00 for the
purpose of improving teaching
and learning through a more effective use of technology,
funded from DED-OESE,
educational technology state grant funds.
(B) (c) An amount estimated at
$111,111,900.00 for the purpose of preparing,
training, and recruiting high-quality teachers and class size reduction, funded from
DED-OESE, improving teacher quality funds.
(C) (d) An amount estimated at
$12,200,000.00 for programs to teach English to
limited English proficient (LEP) children, funded from DED-OESE, language acquisition
state grant funds.
(D) (e) An amount estimated at
$10,286,500.00 for the Michigan charter school
subgrant program, funded from DED-OESE, charter school funds.
(E) (f) An amount estimated at
$2,393,500.00 for rural and low income schools,
funded from DED-OESE, rural and low income school funds.
(F) (g) An amount estimated at
$591,500,000.00 to provide supplemental programs
to enable educationally disadvantaged children to meet challenging academic standards,
funded from DED-OESE, title I, disadvantaged children funds.
(h) An amount estimated at $250,000.00 for the
purpose of providing unified
family literacy programs, funded from DED-OESE, title I,
even start funds.
(G) (i) An amount estimated at
$8,878,000.00 for the purpose of identifying and
serving migrant children, funded from DED-OESE, title I, migrant education funds.
(H) (j) An amount estimated at
$40,050,000.00 for the purpose of providing
high-quality extended learning opportunities, after school and during the summer, for
children in low-performing schools, funded from DED-OESE, twenty-first century
community learning center funds.
(I) (k) An amount estimated at
$24,600,000.00 to help support local school
improvement efforts, funded from DED-OESE, title I, local school improvement grants.
(2) From the federal funds appropriated in section 11, there is allocated EACH
FISCAL
YEAR for 2012-2013
2013-2014 AND 2014-2015 to districts, intermediate
districts, and other eligible entities all available federal funding, estimated at
$33,514,100.00 $31,700,000.00 for the following programs that are
funded by federal
grants:
(a) An amount estimated at $600,000.00 for acquired immunodeficiency syndrome
education grants, funded from HHS – center for disease control, AIDS funding.
(b) An amount estimated at $1,814,100.00 $2,600,000.00 to provide services to
homeless children and youth, funded from DED-OVAE, homeless children and youth funds.
(c) An amount estimated at $2,600,000.00 for
serve America grants, funded from
the corporation for national and community service funds.
(C) (d) An amount estimated at
$28,500,000.00 for providing career and
technical education services to pupils, funded from DED-OVAE, basic grants to states.
(3) To the extent allowed under federal law, the funds allocated under
subsection (1)(g), (h), (F) and (k) (I) may be used for 1 or more reading
improvement
programs that meet at least 1 of the following:
(a) A research-based, validated, structured reading program that aligns
learning resources to state standards and includes continuous assessment of pupils and
individualized education plans for pupils.
(b) A mentoring program that is a research-based, validated program or a
statewide 1-to-1 mentoring program and is designed to enhance the independence and
life quality of pupils who are mentally impaired by providing opportunities for
mentoring and integrated employment.
(c) A cognitive development program that is a research-based, validated
educational service program focused on assessing and building essential cognitive and
perceptual learning abilities to strengthen pupil concentration and learning.
(d) A structured mentoring-tutorial reading program for pupils in preschool to
grade 4 that is a research-based, validated program that develops individualized
educational plans based on each pupil's age, assessed needs, reading level, interests,
and learning style.
(4) All federal funds allocated under this section shall be distributed in
accordance with federal law and with flexibility provisions outlined in Public Law
107-116, and in the education flexibility partnership act of 1999, Public Law 106-25.
Notwithstanding section 17b, payments of federal funds to districts, intermediate
districts, and other eligible entities under this section shall be paid on a schedule
determined by the department.
(5) For the purposes of applying for federal grants appropriated under this
article, the department shall allow an intermediate district to submit a consortium
application on behalf of 2 or more districts with the agreement of those districts as
appropriate according to federal rules and guidelines.
(6) As used in this section:
(a) "DED" means the United States department of education.
(b) "DED-OESE" means the DED office of elementary and secondary education.
(c) "DED-OVAE" means the DED office of vocational and adult education.
(d) "HHS" means the United States department of health and human services.
(e) "HHS-ACF" means the HHS administration for children and families.
Sec. 51a. (1) From the appropriation in section 11, there is allocated for
2011-2012 2013-2014 an amount not to exceed $956,769,100.00
$980,569,100.00 and there
is allocated an amount not to exceed $996,269,100.00
$1,004,869,100.00 for 2012-2013
2014-2015 from state sources and all available federal funding under sections 611 to
619 of part B of the individuals with disabilities education act, 20 USC 1411 to 1419,
estimated at $363,400,000.00 $370,000,000.00 EACH YEAR for 2011-2012 and estimated at
$365,000,000.00 for 2012-2013 2013-2014
AND 2014-2015, plus any
carryover federal
funds from previous year appropriations. The allocations under this subsection are for
the purpose of reimbursing districts and intermediate districts for special education
programs, services, and special education personnel as prescribed in article 3 of the
revised school code, MCL 380.1701 to 380.1766; net tuition payments made by
intermediate districts to the Michigan schools for the deaf and blind; and special
education programs and services for pupils who are eligible for special education
programs and services according to statute or rule. For meeting the costs of special
education programs and services not reimbursed under this article, a district or
intermediate district may use money in general funds or special education funds, not
otherwise restricted, or contributions from districts to intermediate districts,
tuition payments, gifts and contributions from individuals or other entities, or
federal funds that may be available for this purpose, as determined by the
intermediate district plan prepared pursuant to article 3 of the revised school code,
MCL 380.1701 to 380.1766. All federal funds allocated under this section in excess of
those allocated under this section for 2002-2003 may be distributed in accordance with
the flexible funding provisions of the individuals with disabilities education act,
Public Law 108-446, including, but not limited to, 34 CFR 300.206 and 300.208.
Notwithstanding section 17b, payments of federal funds to districts, intermediate
districts, and other eligible entities under this section shall be paid on a schedule
determined by the department.
(2) From the funds allocated under subsection (1), there is allocated the
amount necessary, estimated at $247,500,000.00 $258,300,000.00 for 2011-2012 2013-2014
and estimated at $257,400,000.00 $263,000,000.00 for 2012-2013 2014-2015, for payments
toward reimbursing districts and intermediate districts for 28.6138% of total approved
costs of special education, excluding costs reimbursed under section 53a, and 70.4165%
of total approved costs of special education transportation. Allocations under this
subsection shall be made as follows:
(a) The initial amount allocated to a district under this subsection toward
fulfilling the specified percentages shall be calculated by multiplying the district's
special education pupil membership, excluding pupils described in subsection (11),
times the foundation allowance under section 20 of the pupil's district of residence,
not to exceed the basic foundation allowance under section 20 for the current fiscal
year, or, for a special education pupil in membership in a district that is a public
school academy, times an amount equal to the amount per membership pupil calculated
under section 20(6) or, for a pupil described in this subsection who is counted in
membership in the education achievement system, times an amount equal to the amount
per membership pupil under section 20(7). For an intermediate district, the amount
allocated under this subdivision toward fulfilling the specified percentages shall be
an amount per special education membership pupil, excluding pupils described in
subsection (11), and shall be calculated in the same manner as for a district, using
the foundation allowance under section 20 of the pupil's district of residence, not to
exceed the basic foundation allowance under section 20 for the current fiscal year.
(b) After the allocations under subdivision (a), districts and intermediate
districts for which the payments calculated under subdivision (a) do not fulfill the
specified percentages shall be paid the amount necessary to achieve the specified
percentages for the district or intermediate district.
(3) From the funds allocated under subsection (1), there is allocated each
fiscal year for 2011-2012 2013-2014 and for 2012-2013 2014-2015 an
amount not to
exceed $1,000,000.00 to make payments to districts and intermediate districts under
this subsection. If the amount allocated to a district or intermediate district for a
fiscal year under subsection (2)(b) is less than the sum of the amounts allocated to
the district or intermediate district for 1996-97 under sections 52 and 58, there is
allocated to the district or intermediate district for the fiscal year an amount equal
to that difference, adjusted by applying the same proration factor that was used in
the distribution of funds under section 52 in 1996-97 as adjusted to the district's or
intermediate district's necessary costs of special education used in calculations for
the fiscal year. This adjustment is to reflect reductions in special education program
operations or services between 1996-1997 and subsequent fiscal years. Adjustments for
reductions in special education program operations or services shall be made in a
manner determined by the department and shall include adjustments for program or
service shifts.
(4) If the department determines that the sum of the amounts allocated for a
fiscal year to a district or intermediate district under subsection (2)(a) and (b) is
not sufficient to fulfill the specified percentages in subsection (2), then the
shortfall shall be paid to the district or intermediate district during the fiscal
year beginning on the October 1 following the determination and payments under
subsection (3) shall be adjusted as necessary. If the department determines that the
sum of the amounts allocated for a fiscal year to a district or intermediate district
under subsection (2)(a) and (b) exceeds the sum of the amount necessary to fulfill the
specified percentages in subsection (2), then the department shall deduct the amount
of the excess from the district's or intermediate district's payments under this
article for the fiscal year beginning on the October 1 following the determination and
payments under subsection (3) shall be adjusted as necessary. However, if the amount
allocated under subsection (2)(a) in itself exceeds the amount necessary to fulfill
the specified percentages in subsection (2), there shall be no deduction under this
subsection.
(5) State funds shall be allocated on a total approved cost basis. Federal
funds shall be allocated under applicable federal requirements, except that an amount
not to exceed $3,500,000.00 may be allocated by the department each fiscal year for
2011-2012 2013-2014 and for 2012-2013 2014-2015 to districts, intermediate districts,
or other eligible entities on a competitive grant basis for programs, equipment, and
services that the department determines to be designed to benefit or improve special
education on a statewide scale.
(6) From the amount allocated in subsection (1), there is allocated an amount
not to exceed $2,200,000.00 each fiscal year for 2011-2012
2013-2014 and for 2012-2013
2014-2015 to reimburse 100% of the net increase in necessary costs incurred by a
district or intermediate district in implementing the revisions in the administrative
rules for special education that became effective on July 1, 1987. As used in this
subsection, "net increase in necessary costs" means the necessary additional costs
incurred solely because of new or revised requirements in the administrative rules
minus cost savings permitted in implementing the revised rules. Net increase in
necessary costs shall be determined in a manner specified by the department.
(7) For purposes of sections 51a to 58, all of the following apply:
(a) "Total approved costs of special education" shall be determined in a manner
specified by the department and may include indirect costs, but shall not exceed 115%
of approved direct costs for section 52 and section 53a programs. The total approved
costs include salary and other compensation for all approved special education
personnel for the program, including payments for social security and Medicare and
public school employee retirement system contributions. The total approved costs do
not include salaries or other compensation paid to administrative personnel who are
not special education personnel as defined in section 6 of the revised school code,
MCL 380.6. Costs reimbursed by federal funds, other than those federal funds included
in the allocation made under this article, are not included. Special education
approved personnel not utilized full time in the evaluation of students or in the
delivery of special education programs, ancillary, and other related services shall be
reimbursed under this section only for that portion of time actually spent providing
these programs and services, with the exception of special education programs and
services provided to youth placed in child caring institutions or juvenile detention
programs approved by the department to provide an on-grounds education program.
(b) Beginning with the 2004-2005 fiscal year, a district or intermediate
district that employed special education support services staff to provide special
education support services in 2003-2004 or in a subsequent fiscal year and that in a
fiscal year after 2003-2004 receives the same type of support services from another
district or intermediate district shall report the cost of those support services for
special education reimbursement purposes under this article. This subdivision does not
prohibit the transfer of special education classroom teachers and special education
classroom aides if the pupils counted in membership associated with those special
education classroom teachers and special education classroom aides are transferred and
counted in membership in the other district or intermediate district in conjunction
with the transfer of those teachers and aides.
(c) If the department determines before
bookclosing for a fiscal year that the
amounts allocated for that fiscal year under subsections
(2), (3), (6), and (11) and
sections 53a, 54, and 56 will exceed expenditures for that
fiscal year under
subsections (2), (3), (6), and (11) and sections 53a, 54,
and 56, then for a district
or intermediate district whose reimbursement for that
fiscal year would otherwise be
affected by subdivision (b), subdivision (b) does not apply
to the calculation of the
reimbursement for that district or intermediate district
and reimbursement for that
district or intermediate district shall be calculated in
the same manner as it was for
2003-2004. If the amount of the excess allocations under
subsections (2), (3), (6),
and (11) and sections 53a, 54, and 56 is not sufficient to
fully fund the calculation
of reimbursement to those districts and intermediate
districts under this subdivision,
then the calculations and resulting reimbursement under
this subdivision shall be
prorated on an equal percentage basis. This reimbursement
shall not be made after
2014-2015.
(C) (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.
(D) (e) Beginning with
calculations for 2004-2005, if an intermediate district
purchases a special education pupil transportation service from a constituent district
that was previously purchased from a private entity; if the purchase from the
constituent district is at a lower cost, adjusted for changes in fuel costs; and if
the cost shift from the intermediate district to the constituent does not result in
any net change in the revenue the constituent district receives from payments under
sections 22b and 51c, then upon application by the intermediate district, the
department shall direct the intermediate district to continue to report the cost
associated with the specific identified special education pupil transportation service
and shall adjust the costs reported by the constituent district to remove the cost
associated with that specific service.
(8) A pupil who is enrolled in a full-time special education program conducted
or administered by an intermediate district or a pupil who is enrolled in the Michigan
schools for the deaf and blind shall not be included in the membership count of a
district, but shall be counted in membership in the intermediate district of
residence.
(9) Special education personnel transferred from 1 district to another to
implement the revised school code shall be entitled to the rights, benefits, and
tenure to which the person would otherwise be entitled had that person been employed
by the receiving district originally.
(10) If a district or intermediate district uses money received under this
section for a purpose other than the purpose or purposes for which the money is
allocated, the department may require the district or intermediate district to refund
the amount of money received. Money that is refunded shall be deposited in the state
treasury to the credit of the state school aid fund.
(11) From the funds allocated in subsection (1), there is allocated EACH FISCAL
YEAR the amount necessary, estimated at $5,300,000.00
$4,500,000.00 for 2011-2012
2013-2014 and estimated at $5,600,000.00
$4,600,000.00 for 2012-2013 2014-2015, to pay
the foundation allowances for pupils described in this subsection. The allocation to a
district under this subsection shall be calculated by multiplying the number of pupils
described in this subsection who are counted in membership in the district times the
foundation allowance under section 20 of the pupil's district of residence, not to
exceed the basic foundation allowance under section 20 for the current fiscal year,
or, for a pupil described in this subsection who is counted in membership in a
district that is a public school academy, times an amount equal to the amount per
membership pupil under section 20(6) or, for a pupil described in this subsection who
is counted in membership in the education achievement system, times an amount equal to
the amount per membership pupil under section 20(7). The allocation to an intermediate
district under this subsection shall be calculated in the same manner as for a
district, using the foundation allowance under section 20 of the pupil's district of
residence, not to exceed the basic foundation allowance under section 20 for the
current fiscal year. This subsection applies to all of the following pupils:
(a) Pupils described in section 53a.
(b) Pupils counted in membership in an intermediate district who are not
special education pupils and are served by the intermediate district in a juvenile
detention or child caring facility.
(c) Pupils with an emotional impairment counted in membership by an
intermediate district and provided educational services by the department of community
health.
(12) If it is determined that funds allocated under subsection (2) or (11) or
under section 51c will not be expended, funds up to the amount necessary and available
may be used to supplement the allocations under subsection (2) or (11) or under
section 51c in order to fully fund those allocations. After payments under subsections
(2) and (11) and section 51c, the remaining expenditures from the allocation in
subsection (1) shall be made in the following order:
(a) 100% of the reimbursement required under section 53a.
(b) 100% of the reimbursement required under subsection (6).
(c) 100% of the payment required under section 54.
(d) 100% of the payment required under subsection (3).
(e) 100% of the payments under section 56.
(13) The allocations under subsections (2), (3), and (11) shall be allocations
to intermediate districts only and shall not be allocations to districts, but instead
shall be calculations used only to determine the state payments under section 22b.
(14) If a public school academy enrolls pursuant to this section a pupil who
resides outside of the intermediate district in which the public school academy is
located and who is eligible for special education programs and services according to
statute or rule, or who is a child with disabilities, as defined under the individuals
with disabilities education act, Public Law 108-446, the provision of special
education programs and services and the payment of the added costs of special
education programs and services for the pupil are the responsibility of the district
and intermediate district in which the pupil resides unless the enrolling district or
intermediate district has a written agreement with the district or intermediate
district in which the pupil resides or the public school academy for the purpose of
providing the pupil with a free appropriate public education and the written agreement
includes at least an agreement on the responsibility for the payment of the added
costs of special education programs and services for the pupil.
Sec. 51b. A district or intermediate district shall not receive funds under
this article SECTION 51A unless the district or intermediate
district complies with
rules promulgated under article 3 of the revised school code, being sections 380.1701
to 380.1766 of the Michigan Compiled Laws.
Sec. 51c. As required by the court in the consolidated cases known as Durant v
State of Michigan, Michigan supreme court docket no. 104458-104492, from the
allocation under section 51a(1), there is allocated each
fiscal year for 2011-2012
2013-2014 and for 2012-2013 2014-2015 the amount necessary, estimated at
$648,700,000.00 $662,500,000.00 for 2011-2012 2013-2014 and estimated at
$678,000,000.00 $682,000,000.00 for 2012-2013 2014-2015, for payments to reimburse
districts for 28.6138% of total approved costs of special education excluding costs
reimbursed under section 53a, and 70.4165% of total approved costs of special
education transportation. Funds allocated under this section that are not expended in
the state fiscal year for which they were allocated, as determined by the department,
may be used to supplement the allocations under sections 22a and 22b in order to fully
fund those calculated allocations for the same fiscal year.
Sec. 51d. (1) From the federal funds appropriated in section 11, there is
allocated for each fiscal year 2011-2012 2013-2014 and for 2012-2013 2014-2015 all
available federal funding, estimated at $74,000,000.00 each fiscal year, for special
education programs that are funded by federal grants. All federal funds allocated
under this section shall be distributed in accordance with federal law.
Notwithstanding section 17b, payments of federal funds to districts, intermediate
districts, and other eligible entities under this section shall be paid on a schedule
determined by the department.
(2) From the federal funds allocated under subsection (1), the following
amounts are allocated each fiscal year for 2011-2012
2013-2014 and for 2012-2013 2014-
2015:
(a) An amount estimated at $15,000,000.00 for handicapped infants and toddlers,
funded from DED-OSERS, handicapped infants and toddlers funds.
(b) An amount estimated at $14,000,000.00 for preschool grants (Public Law 94-
142), funded from DED-OSERS, handicapped preschool incentive funds.
(c) An amount estimated at $45,000,000.00 for special education programs funded
by DED-OSERS, handicapped program, individuals with disabilities act funds.
(3) As used in this section, "DED-OSERS" means the United States department of
education office of special education and rehabilitative services.
Sec. 53a. (1) For districts, reimbursement for pupils described in subsection
(2) shall be 100% of the total approved costs of operating special education programs
and services approved by the department and included in the intermediate district plan
adopted pursuant to article 3 of the revised school code, MCL 380.1701 to 380.1766,
minus the district's foundation allowance calculated under section 20. For
intermediate districts, reimbursement for pupils described in subsection (2) shall be
calculated in the same manner as for a district, using the foundation allowance under
section 20 of the pupil's district of residence, not to exceed the basic foundation
allowance under section 20 for the current fiscal year.
(2) Reimbursement under subsection (1) is for the following special education
pupils:
(a) Pupils assigned to a district or intermediate district through the
community placement program of the courts or a state agency, if the pupil was a
resident of another intermediate district at the time the pupil came under the
jurisdiction of the court or a state agency.
(b) Pupils who are residents of institutions operated by the department of
community health.
(c) Pupils who are former residents of department of community health
institutions for the developmentally disabled who are placed in community settings
other than the pupil's home.
(d) Pupils enrolled in a department-approved on-grounds educational program
longer than 180 days, but not longer than 233 days, at a residential child care
institution, if the child care institution offered in 1991-92 an on-grounds
educational program longer than 180 days but not longer than 233 days.
(e) Pupils placed in a district by a parent for the purpose of seeking a
suitable home, if the parent does not reside in the same intermediate district as the
district in which the pupil is placed.
(3) Only those costs that are clearly and directly attributable to educational
programs for pupils described in subsection (2), and that would not have been incurred
if the pupils were not being educated in a district or intermediate district, are
reimbursable under this section.
(4) The costs of transportation shall be funded under this section and shall
not be reimbursed under section 58.
(5) Not more than $13,500,000.00 of the allocation
for 2011-2012 2013-2014 and
for 2012-2013 2014-2015 in section 51a(1) shall be
allocated for each fiscal year
under this section.
Sec. 54. Each intermediate district shall receive an amount per pupil for each
pupil in attendance at the Michigan schools for the deaf and blind. The amount shall
be proportionate to the total instructional cost at each school. Not more than
$1,688,000.00 of the allocation EACH FISCAL YEAR for 2012-2013 2013-2014
AND 2014-2015
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 EACH FISCAL
YEAR an amount not to exceed
$36,881,100.00 for 2012-2013 2013-2014
AND 2014-2015 to
reimburse intermediate districts levying millages for special education pursuant to
part 30 of the revised school code, MCL 380.1711 to 380.1743. The purpose, use, and
expenditure of the reimbursement shall be limited as if the funds were generated by
these millages and governed by the intermediate district plan adopted pursuant to
article 3 of the revised school code, MCL 380.1701 to 380.1766. As a condition of
receiving funds under this section, an intermediate district distributing any portion
of special education millage funds to its constituent districts shall submit for
departmental approval and implement a distribution plan.
(3) Reimbursement for those millages levied in 2010-2011
2012-2013 shall be
made in 2011-2012 2013-2014 at an
amount per 2010-2011 2012-2013 membership pupil
computed by subtracting from $174,700.00 $166,000.00 the 2010-2011 2012-2013 taxable
value behind each membership pupil and multiplying the resulting difference by the
2010-2011 2012-2013 millage levied.
(4) For 2012-2013 only, reimbursement to each
intermediate district shall be
equal to its reimbursement under this section for
2011-2012.
(4) REIMBURSEMENT FOR THOSE MILLAGES LEVIED IN 2013-2014 SHALL BE MADE IN 2014-
2015 PURSUANT TO THE DISTRIBUTION METHOD IN SUBSECTION (3), USING THE APPLICABLE DATA
FOR THE 2014-2015 FISCAL YEAR.
Sec. 61a. (1) From the appropriation in section 11, there is allocated EACH
FISCAL
YEAR an amount not to
exceed $26,611,300.00 for 2012-2013 2013-2014
AND 2014-
2015 to reimburse on an added cost basis districts, except for a district that served
as the fiscal agent for a vocational education consortium in the 1993-94 school year,
and secondary area vocational-technical education centers for secondary-level career
and technical education programs according to rules approved by the superintendent.
Applications for participation in the programs shall be submitted in the form
prescribed by the department. The department shall determine the added cost for each
career and technical education program area. The allocation of added cost funds shall
be based on the type of career and technical education programs provided, the number
of pupils enrolled, and the length of the training period provided, and shall not
exceed 75% of the added cost of any program. With the approval of the department, the
board of a district maintaining a secondary career and technical education program may
offer the program for the period from the close of the school year until September 1.
The program shall use existing facilities and shall be operated as prescribed by rules
promulgated by the superintendent.
(2) Except for a district that served as the fiscal agent for a vocational
education consortium in the 1993-94 school year, districts and intermediate districts
shall be reimbursed for local career and technical education administration, shared
time career and technical education administration, and career education planning
district career and technical education administration. The definition of what
constitutes administration and reimbursement shall be pursuant to guidelines adopted
by the superintendent. Not more than $800,000.00 of the allocation in subsection (1)
shall be distributed under this subsection.
Sec. 62. (1) For the purposes of this section:
(a) "Membership" means for a particular fiscal year the total membership for
the immediately preceding fiscal year of the intermediate district and the districts
constituent to the intermediate district or the total membership for the immediately
preceding fiscal year of the area vocational-technical program.
(b) "Millage levied" means the millage levied for area vocational-technical
education pursuant to sections 681 to 690 of the revised school code, MCL 380.681 to
380.690, including a levy for debt service obligations incurred as the result of
borrowing for capital outlay projects and in meeting capital projects fund
requirements of area vocational-technical education.
(c) "Taxable value" means the total taxable value of the districts constituent
to an intermediate district or area vocational-technical education program, except
that if a district has elected not to come under sections 681 to 690 of the revised
school code, MCL 380.681 to 380.690, the membership and taxable value of that district
shall not be included in the membership and taxable value of the intermediate
district. However, the membership and taxable value of a district that has elected not
to come under sections 681 to 690 of the revised school code, MCL 380.681 to 380.690,
shall be included in the membership and taxable value of the intermediate district if
the district meets both of the following:
(i) The district operates the area vocational-technical education program
pursuant to a contract with the intermediate district.
(ii) The district contributes an annual amount to the operation of the program
that is commensurate with the revenue that would have been raised for operation of the
program if millage were levied in the district for the program under sections 681 to
690 of the revised school code, MCL 380.681 to 380.690.
(2) From the appropriation in section 11, there is allocated EACH FISCAL YEAR
an amount not to exceed $9,000,000.00 for 2012-2013 2013-2014 AND 2014-2015 to
reimburse intermediate districts and area vocational-technical education programs
established under section 690(3) of the revised school code, MCL 380.690, levying
millages for area vocational-technical education pursuant to sections 681 to 690 of
the revised school code, MCL 380.681 to 380.690. The purpose, use, and expenditure of
the reimbursement shall be limited as if the funds were generated by those millages.
(3) Reimbursement for the millages levied in 2010-2011
2012-2013 shall be made
in 2011-2012 2013-2014 at an amount per 2010-2011 2012-2013 membership pupil computed
by subtracting from $190,400.00 $185,300.00 the 2010-2011 2012-2013 taxable value
behind each membership pupil and multiplying the resulting
difference by the 2010-2011
2012-2013 millage levied.
(4) For 2012-2013 only, reimbursements to each
intermediate district shall be
equal to its reimbursement under this section for
2011-2012.
(4) REIMBURSEMENT FOR THOSE MILLAGES LEVIED IN 2013-2014 SHALL BE MADE IN 2014-
2015 PURSUANT TO THE DISTRIBUTION METHOD IN SUBSECTION (3), USING THE APPLICABLE DATA
FOR THE 2014-2015 FISCAL YEAR.
Sec. 74. (1) From the amount appropriated in section 11, there is allocated
EACH
FISCAL YEAR an amount
not to exceed $3,259,900.00 $3,299,000.00 for 2012-2013
2013-2014 AND 2014-2015 for the purposes of this section.
(2) From the allocation in subsection (1), there is allocated for each fiscal
year the amount necessary for payments to state supported colleges or universities and
intermediate districts providing school bus driver safety instruction pursuant to
section 51 of the pupil transportation act, 1990 PA 187, MCL 257.1851. The payments
shall be in an amount determined by the department not to
exceed 75% of the actual
cost of instruction and driver compensation for each public or nonpublic school bus
driver attending a course of instruction. For the purpose of computing compensation,
the hourly rate allowed each school bus driver shall not exceed the hourly rate
received for driving a school bus. Reimbursement compensating the driver during the
course of instruction shall be made by the department to the college or university or
intermediate district providing the course of instruction.
(3) From the allocation in subsection (1), there is allocated each fiscal year
the amount necessary to pay the reasonable costs of nonspecial education auxiliary
services transportation provided pursuant to section 1323 of the revised school code,
MCL 380.1323. Districts funded under this subsection shall not receive funding under
any other section of this article for nonspecial education auxiliary services
transportation.
(4) From the funds allocated in subsection (1), there is allocated FOR EACH
FISCAL
YEAR an amount not to
exceed $1,634,900.00 $1,674,000.00 for 2012-2013 2013-
2014 AND 2014-2015 for reimbursement to districts and intermediate districts for costs
associated with the inspection of school buses and pupil transportation vehicles by
the department of state police as required under section 715a of the Michigan vehicle
code, 1949 PA 300, MCL 257.715a, and section 39 of the pupil transportation act, 1990
PA 187, MCL 257.1839. The department of state police shall prepare a statement of
costs attributable to each district for which bus inspections are provided and submit
it to the department and to an intermediate district serving as fiduciary in a time
and manner determined jointly by the department and the department of state police.
Upon review and approval of the statement of cost, the department shall forward to the
designated intermediate district serving as fiduciary the amount of the reimbursement
on behalf of each district and intermediate district for costs detailed on the
statement within 45 days after receipt of the statement. The designated intermediate
district shall make payment in the amount specified on the statement to the department
of state police within 45 days after receipt of the statement. The total reimbursement
of costs under this subsection shall not exceed the amount allocated under this
subsection. Notwithstanding section 17b, payments to eligible entities under this
subsection shall be paid on a schedule prescribed by the department.
Sec. 81. (1) Except as otherwise provided in this section, from the
appropriation in section 11, there is allocated EACH FISCAL YEAR for 2012-2013 2013-
2014 AND 2014-2015 to the intermediate districts the sum necessary, but not to exceed
$64,108,000.00 $64,115,000.00, to provide state aid to
intermediate districts under
this section.
(2) From the allocation in subsection (1), there is allocated an amount not to
exceed $62,108,000.00 for allocations to each intermediate
district for 2012-2013
2013-2014 AND 2014-2015 in an amount equal to 100% of the amount allocated to the
intermediate district under this subsection for 2011-2012
THE IMMEDIATELY PRECEDING
FISCAL YEAR. Funding provided under this section shall be used to comply with
requirements of this article and the revised school code that are applicable to
intermediate districts, and for which funding is not provided elsewhere in this
article, and to provide technical assistance to districts as authorized by the
intermediate school board.
(3) Intermediate districts receiving funds under subsection (2) shall
collaborate with the department to develop expanded professional development
opportunities for teachers to update and expand their knowledge and skills needed to
support the Michigan merit curriculum.
(4) From the allocation in subsection (1), there is allocated to an
intermediate district, formed by the consolidation or annexation of 2 or more
intermediate districts or the attachment of a total intermediate district to another
intermediate school district or the annexation of all of the constituent K-12
districts of a previously existing intermediate school district which has
disorganized, an additional allotment of $3,500.00 each fiscal year for each
intermediate district included in the new intermediate district for 3 years following
consolidation, annexation, or attachment. FROM THE ALLOCATION IN SUBSECTION (1), THERE
IS ALLOCATED $7,000.00 FOR PURPOSES OF THIS SUBSECTION FOR FISCAL YEAR 2013-2014 AND
FISCAL YEAR 2014-2015, AFTER WHICH TIME THE PAYMENT UNDER THIS SUBSECTION WILL CEASE.
(5) During a fiscal year, the department shall
not increase an intermediate
district's allocation under subsection (1) because of an
adjustment made by the
department during the fiscal year in the intermediate
district's taxable value for a
prior year. Instead, the department shall report the
adjustment and the estimated
amount of the increase to the house and senate fiscal
agencies and the state budget
director not later than June 1 of the fiscal year, and the
legislature shall
appropriate money for the adjustment in the next succeeding
fiscal year.
(5) (6) In order to receive
funding under subsection (2), an intermediate
district shall do all of the following:
(a) Demonstrate to the satisfaction of the department that the intermediate
district employs at least 1 person who is trained in pupil accounting and auditing
procedures, rules, and regulations.
(b) Demonstrate to the satisfaction of the department that the intermediate
district employs at least 1 person who is trained in rules, regulations, and district
reporting procedures for the individual-level student data that serves as the basis
for the calculation of the district and high school graduation and dropout rates.
(c) Comply with sections 1278a and 1278b of the revised school code, MCL
380.1278a and 380.1278b.
(d) Furnish data and other information required by state and federal law to the
center and the department in the form and manner specified by the center or the
department, as applicable.
(e) Comply with section 1230g of the revised school code, MCL 380.1230g.
(f) Comply with section 761 of the revised school code, MCL 380.761.
(6) (7) From the allocation in
subsection (1), there is allocated EACH
FISCAL
YEAR an amount not to exceed
$2,000,000.00 for 2012-2013 2013-2014
AND 2014-2015 for
an incentive payment to each intermediate district that meets best practices as
determined by the department under this subsection. The amount of the incentive
payment is an amount equal to 3.2% of the amount allocated to the intermediate
district under subsection (2). An intermediate district is eligible for an incentive
payment under this subsection if the intermediate district
satisfies at least 4 5 of
the following requirements not later than June 1, 2013
2014:
(a) The intermediate district enters into an agreement with the department to
do all of COMPLY WITH the following:
(i) IF the intermediate DISTRICT DEVELOPED A SERVICE CONSOLIDATION PLAN IN
2012-2013, Implement the service consolidation plan in 2013-2014 and report to the
department not later than February 1, 2014 on the intermediate district's progress in
implementing the service consolidation plan.
(II) (i) IF
THE INTERMEDIATE DISTRICT DID NOT DEVELOP A SERVICE CONSOLIDATION
PLAN
IN 2012-2013, develop a
service consolidation plan in 2012-2013 2013-2014 to
reduce operating costs that is in compliance with guidelines that were developed by
the department for former section 11d as that section was in effect for 2010-2011.
(III) (ii) IF THE INTERMEDIATE DISTRICT DEVELOPED A SERVICE
CONSOLIDATION PLAN
IN
2013-2014, implement
the service consolidation plan in 2013-2014 2014-2015 and
report to the department not later than February 1, 2014
2015 on the intermediate
district's progress in implementing the service consolidation plan.
(IV) MAKE THE INTERMEDIATE DISTRICT’S SERVICE CONSOLIDATION PLAN PUBLICLY
AVAILABLE ON THE INTERMEDIATE DISTRICT’S WEBSITE.
(b) The intermediate district has obtained competitive bids on the provision of
1 or more noninstructional services for the intermediate district or its constituent
districts with a value of at least $50,000.00. THE UNFUNDED ACCRUED LIABILITY COSTS
FOR RETIREMENT AND OTHER BENEFITS SHALL BE EXCLUDED FROM THE INTERMEDIATE DISTRICT’S
CURRENT COSTS FOR THE PURPOSE OF COMPARING COMPETITIVE BIDS TO THE CURRENT COSTS OF
PROVIDING SERVICES.
(c) The intermediate district develops a technology plan in accordance with
department policy on behalf of all constituent districts within the intermediate
district that integrates technology into the classroom and prepares teachers to use
digital technologies as part of the instructional program of each of its constituent
districts. AN INTERMEDIATE DISTRICT THAT DEVELOPED A TECHNOLOGY PLAN IN 2012-2013
SHALL BEGIN IMPLEMENTING THAT TECHNOLOGY PLAN IN 2013-2014.
(d) The intermediate district provides to parents and community members a
dashboard or report card demonstrating the intermediate district's efforts to manage
its finances responsibly. The dashboard or report card shall include REVENUE AND
EXPENDITURE PROJECTIONS FOR THE INTERMEDIATE DISTRICT FOR FISCAL YEAR 2013-2014 AND
FISCAL YEAR 2014-2015, A LISTING OF ALL DEBT SERVICE OBLIGATIONS, DETAILED BY PROJECT,
INCLUDING ANTICIPATED FISCAL YEAR 2013-2014 PAYMENT FOR EACH PROJECT, A LISTING OF
TOTAL OUTSTANDING DEBT, AND at least all of the following for the 3 most recent school
years for which the data are available:
(i) A list of services offered by the intermediate district that are shared by
other local or intermediate districts and a list of the districts or intermediate
districts that participate.
(ii) The total cost savings to local or other intermediate districts that share
services with the intermediate district.
(iii) The number and percentage of teachers in the intermediate district
service area that are trained to integrate technology into the classroom.
(iv) The total funds received from levying special education and vocational
education millages, and the number of special education and vocational education
pupils served with those dollars.
(v) The number and percentage of individualized education programs developed
for special education pupils that contain academic goals.
(e) The intermediate district works in a consortium with 1 or more other
intermediate districts AND THE CENTER to develop LOCAL information management system
requirements and bid specifications THAT can be used as statewide models result in a
recommended MODEL information system that supports interoperability to ensure linkage
and connectivity in a manner that facilitates the efficient exchange of data between
districts, intermediate districts and the center. At a minimum, these specifications
shall address INCLUDE
pupil management
systems for both general and special education,
learning management tools, and business services.
(F) If aN INTERMEDIATE district provides medical, pharmacy, dental, vision,
disability, long-term care, or any other type of benefit that would constitute a
health care services benefit, to employees and their dependents, the INTERMEDIATE
district is the policyholder for each of its insurance policies that covers 1 or more
of these benefits. AN INTERMEDIATE district that does not directly employ its staff OR
AN INTERMEDIATE DISTRICT WITH A VOLUNTARY EMPLOYEE BENEFICIARY ASSOCIATION THAT PAYS
NO MORE THAN THE MAXIMUM PER EMPLOYEE CONTRIBUTION AMOUNT AND THAT CONTRIBUTES NO MORE
THAN THE MAXIMUM EMPLOYER CONTRIBUTION PERCENTAGE OF TOTAL ANNUAL COSTS FOR THE
MEDICAL BENEFIT PLANS AS DESCRIBED IN 2011 PA 152, MCL 15.563 TO 15.564, is considered
to have satisfied this requirement.
Sec. 94a. (1) There is created within the state budget office in the department
of technology, management, and budget the center for educational performance and
information. The center shall do all of the following:
(a) Coordinate the collection of all data required by state and federal law
from districts, intermediate districts, and postsecondary institutions.
(b) Create, maintain, and enhance this state's P-20 longitudinal data system
and ensure that it meets the requirements of subsection (4).
(c) Collect data in the most efficient manner possible in order to reduce the
administrative burden on reporting entities, including, but not limited to, electronic
transcript services.
(d) Create, maintain, and enhance this state's web-based educational portal to
provide information to school leaders, teachers, researchers, and the public in
compliance with all federal and state privacy laws. Data shall include, but are not
limited to, all of the following:
(i) Data sets that link teachers to student information, allowing districts to
assess individual teacher impact on student performance and consider student growth
factors in teacher and principal evaluation systems.
(ii) Data access or, if practical, data sets, provided for regional data
warehouses that, in combination with local data, can improve teaching and learning in
the classroom.
(iii) Research-ready data sets for researchers to perform research that
advances this state's educational performance.
(e) Provide data in a useful manner to allow state and local policymakers to
make informed policy decisions.
(f) Provide public reports to the citizens of this state to allow them to
assess allocation of resources and the return on their investment in the education
system of this state.
(g) Other functions as assigned by the state budget director.
(2) Each state department, officer, or agency that collects information from
districts, intermediate districts, or postsecondary institutions as required under
state or federal law shall make arrangements with the center to ensure that the state
department, officer, or agency is in compliance with subsection (1). This subsection
does not apply to information collected by the department of treasury under the
uniform budgeting and accounting act, 1968 PA 2, MCL 141.421 to 141.440a; the revised
municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821; the school bond
qualification, approval, and loan act, 2005 PA 92, MCL 388.1921 to 388.1939; or
section 1351a of the revised school code, MCL 380.1351a.
(3) The center may enter into any interlocal agreements necessary to fulfill
its functions.
(4) The center shall ensure that the P-20 longitudinal data system required
under subsection (1)(b) meets all of the following:
(a) Includes data at the individual student level from preschool through
postsecondary education and into the workforce.
(b) Supports interoperability by using standard data structures, data formats,
and data definitions to ensure linkage and connectivity in a manner that facilitates
the exchange of data among agencies and institutions within the state and between
states.
(c) Enables the matching of individual teacher and student records so that an
individual student may be matched with those teachers providing instruction to that
student.
(d) Enables the matching of individual teachers with information about their
certification and the institutions that prepared and recommended those teachers for
state certification.
(e) Enables data to be easily generated for continuous improvement and
decision-making, including timely reporting to parents, teachers, and school leaders
on student achievement.
(f) Ensures the reasonable quality, validity, and reliability of data contained
in the system.
(g) Provides this state with the ability to meet federal and state reporting
requirements.
(h) For data elements related to preschool through grade 12 and postsecondary,
meets all of the following:
(i) Contains a unique statewide student identifier that does not permit a
student to be individually identified by users of the system, except as allowed by
federal and state law.
(ii) Contains student-level enrollment, demographic, and program participation
information.
(iii) Contains student-level information about the points at which students
exit, transfer in, transfer out, drop out, or complete education programs.
(iv) Has the capacity to communicate with higher education data systems.
(i) For data elements related to preschool through grade 12 only, meets all of
the following:
(i) Contains yearly test records of individual students for assessments
approved by DED-OESE for accountability purposes under section 1111(b) of the
elementary and secondary education act of 1965, 20 USC 6311, including information on
individual students not tested, by grade and subject.
(ii) Contains student-level transcript information, including information on
courses completed and grades earned.
(iii) Contains student-level college readiness test scores.
(j) For data elements related to postsecondary education only:
(i) Contains data that provide information regarding the extent to which
individual students transition successfully from secondary school to postsecondary
education, including, but not limited to, all of the following:
(A) Enrollment in remedial coursework.
(B) Completion of 1 year's worth of college credit applicable to a degree
within 2 years of enrollment.
(ii) Contains data that provide other information determined necessary to
address alignment and adequate preparation for success in postsecondary education.
(5) From the general fund appropriation in section 11, there is allocated FOR
EACH
FISCAL YEAR an amount
not to exceed $9,218,400.00 $9,435,100.00 for 2012-2013
2013-2014 AND 2014-2015 to the department of technology, management, and budget to
support the operations of the center. In addition, from the federal funds appropriated
in section 11 there is allocated FOR EACH FISCAL YEAR for 2012-2013 2013-2014 AND
2014-2015 the amount necessary, estimated at
$193,500.00 for 2012-2013 EACH
FISCAL
YEAR, to support the operations of the center and to establish a P-20 longitudinal
data system as provided under this section in compliance with the assurance provided
to the United States department of education in order to receive state fiscal
stabilization funds. The center shall cooperate with the department to ensure that
this state is in compliance with federal law and is maximizing opportunities for
increased federal funding to improve education in this state.
(6) From the funds allocated in subsection (5), there is allocated FOR EACH
FISCAL
YEAR for 2012-2013
2013-2014 AND 2014-2015 an amount not to exceed $850,000.00
for competitive grants to support collaborative efforts on the P-20 longitudinal data
system. All of the following apply to grants awarded under this subsection:
(a) The center shall award competitive grants to eligible intermediate
districts or a consortium of intermediate districts based on criteria established by
the center.
(b) Activities funded under the grant shall support the P-20 longitudinal data
system portal and may include portal hosting, hardware and software acquisition,
maintenance, enhancements, user support and related materials, and professional
learning tools and activities aimed at improving the utility of the P-20 longitudinal
data system.
(c) An applicant that received a grant under this subsection for the
immediately preceding fiscal year shall receive priority for funding under this
section. However, after 3 fiscal years of continuous funding, an applicant is required
to compete openly with new applicants.
(7) Funds allocated under this section that are not expended in the fiscal year
in which they were allocated may be carried forward to a subsequent fiscal year and
are appropriated for the purposes for which the funds were originally allocated.
(8) The center may bill departments as necessary in order to fulfill reporting
requirements of state and federal law. The center may also enter into agreements to
supply custom data, analysis, and reporting to other principal executive departments,
state agencies, local units of government, and other individuals and organizations.
The center may receive and expend funds in addition to those authorized in subsection
(5) to cover the costs associated with salaries, benefits, supplies, materials, and
equipment necessary to provide such data, analysis, and reporting services.
(9) As used in this section:
(a) "DED-OESE" means the United States department of education office of
elementary and secondary education.
(b) "State education agency" means the department.
Sec. 95. (1) From the funds appropriated in section 11, there is allocated FOR
EACH
FISCAL YEAR an amount
not to exceed $1,750,000.00 $500,000.00 for 2012-2013 2013-
2014 AND 2014-2015 for grants to districts to support professional development for
principals and assistant principals in a department-approved training program for
implementing educator evaluations as required under section 1249 of the revised school
code, MCL 380.1249.
(2) For 2012-2013, all districts may apply for
funding under this section by a
date determined by the department. Beginning in 2013-2014,
in IN
a form and manner
determined by the department, priority will be given to districts that have new
building administrators who have not previously received training in programs funded
under this section.
(3) The department shall approve training programs for the purpose of this
section. The department shall approve all training programs recommended by the
governor's council on educator effectiveness and may approve other
training programs
that meet department criteria. At a minimum, these other programs shall meet all of
the following criteria:
(a) Contain instructional content on methods of evaluating teachers
consistently across multiple grades and subjects.
(b) Include training on evaluation observation that is focused on reliability
and bias awareness and that instills skills needed for consistent, evidence-based
observations.
(c) Incorporate the use of videos of actual lessons for applying rubrics and
consistent scoring.
(d) Align with recommendations of the governor's
council on educator
effectiveness.
(e) Provide ongoing support to maintain inter-rater reliability. As used in
this subdivision, "inter-rater reliability" means a consistency of measurement from
different evaluators independently applying the same evaluation criteria to the same
classroom observation.
(4) The department shall award grants to eligible districts in an amount
determined by the department, but not to exceed $350.00 per participant.
(5) A district receiving funds under this section shall use the funds only for
department-approved training programs under this section.
Sec. 98. (1) From the general fund money appropriated in section 11, there is
allocated FOR EACH
FISCAL YEAR an amount
not to exceed $4,387,500.00 $14,387,500.00
for 2012-2013 2013-2014
AND $9,387,500.00 2014-2015 for the purposes described in this
section.
(2) The Michigan virtual university shall establish
OPERATE the center for
online learning research and innovation MICHIGAN
VIRTUAL LEARNING RESEARCH INSTITUTE.
The center for online learning research and innovation
MICHIGAN VIRTUAL LEARNING
RESEARCH INSTITUTE shall do all of the following:
(a) Support and accelerate innovation in education through the following
activities:
(i) Test, evaluate, and recommend as appropriate new technology-based
instructional tools and resources.
(ii) Research, design, and recommend online
and blended DIGITAL education
delivery models for use by pupils and teachers that include age-appropriate multimedia
instructional content.
(iii) Research, design, and recommend competency-based online assessments.
(iv) Research, develop, and recommend annually to the department criteria by
which cyber schools and online course providers should be monitored and evaluated to
ensure a quality education for their pupils.
(v) Based on pupil completion and performance data reported to the department
or the center for educational performance and information from cyber schools and other
online course providers operating in this state, analyze the effectiveness of online
learning delivery models in preparing pupils to be college- and career-ready and
publish a report that highlights enrollment totals, completion rates, and the overall
impact on pupils. The report shall be submitted to the house and senate appropriations
subcommittees on state school aid, the state budget director, the house and senate
fiscal agencies, and the department not later than December
31, 2013 DECEMBER 1, 2014.
(vi) Design professional development
services for THE INSTITUTE SHALL
PROVIDE
AN EXTENSIVE PROFESSIONAL DEVELOPMENT PROGRAM TO A MINIMUM OF 1,000 EDUCATION
PERSONNEL,
INCLUDING teachers,
school administrators, and school board members to
learn how to effectively integrate new technologies and
online learning into curricula
and instruction PRIOR TO AUGUST 31,
2014 THAT FOCUSES ON THE EFFECTIVE INTEGRATION OF
DIGITAL LEARNING INTO CURRICULA AND INSTRUCTION. THE Institute SHALL REPORT TO THE
HOUSE AND SENATE APPROPRIATIONS SUBCOMMITTEES ON STATE SCHOOL AID, THE STATE BUDGET
DIRECTOR, THE HOUSE AND SENATE FISCAL AGENCIES AND THE DEPARTMENT ON THE NUMBER AND
PERCENTAGE OF TEACHERS, SCHOOL ADMINISTRATORS AND SCHOOL BOARD MEMBERS WHO HAVE
RECEIVED PROFESSIONAL DEVELOPMENT SERVICES FROM THE MICHIGAN VIRTUAL UNIVERSITY NO
LATER THAN DECEMBER 1, 2014. THE REPORT SHALL ALSO IDENTIFY BARRIERS AND OTHER
OPPORTUNITIES TO ENCOURAGE THE ADOPTION OF DIGITAL LEARNING IN THE PUBLIC EDUCATION
SYSTEM.
(vii) Identify and share best practices for PLANNING, implementing AND
EVALUATING online and blended education delivery models with intermediate districts,
districts, and public school academies to accelerate the adoption of innovative
education delivery models statewide. BEGINNING IN 2013-2014, THE MICHIGAN VIRTUAL
UNIVERSITY SHALL AWARD UP TO $2,200,000.00 IN COMPETITIVE GRANTS TO INTERMEDIATE
DISTRICTS OR CONSORTIA OF INTERMEDIATE DISTRICTS TO SUPPORT AND ACCELERATE STATEWIDE
EFFORTS TO EXPAND THE INTEGRATION OF ONLINE AND BLENDED LEARNING. GRANT FUNDS MAY NOT
BE USED TO SUPPLANT PERSONNEL COSTS AT AN INTERMEDIATE DISTRICT. THE MICHIGAN VIRTUAL
UNIVERSITY SHALL REPORT TO THE HOUSE AND SENATE APPROPRIATIONS SUBCOMMITTEES ON STATE
SCHOOL AID, THE STATE BUDGET DIRECTOR, THE HOUSE AND SENATE FISCAL AGENCIES AND THE
DEPARTMENT ON BARRIERS AND OTHER OPPORTUNITIES TO ENCOURAGE THE ACCEPTANCE OF DIGITAL
LEARNING IN THE PUBLIC EDUCATION SYSTEM NO LATER THAN DECEMBER 1, 2014.
(b) Provide leadership for this state's system of online
and blended DIGITAL
learning education by doing the following activities:
(i) Develop and report policy recommendations to the governor and the
legislature that accelerate the expansion of effective online learning in this state's
schools.
(ii) Provide a clearinghouse for research reports, academic studies,
evaluations, and other information related to online learning.
(iii) Promote and distribute the most current instructional design standards
and guidelines for online teaching.
(iv) In collaboration with the department and interested colleges and
universities in this state, recommend to the superintendent guidelines and standards
for a new teacher endorsement credential related to
effective online and blended
DIGITAL LEARNING instruction. THE Institute SHALL REPORT ITS RECOMMENDATIONS FOR A NEW
DIGITAL LEARNING TEACHER ENDORSEMENT CREDENTIAL NO LATER THAN SEPTEMBER 30, 2013.
BEGINNING IN 2013-2014, THE MICHIGAN VIRTUAL UNIVERSITY SHALL CONVENE AND SUPPORT A
STATEWIDE COHORT OF HIGHER EDUCATION FACULTY MEMBERS TO IMPLEMENT THE NEW TEACHER
ENDORSEMENT CREDENTIAL WITHIN THEIR HIGHER EDUCATION INSTITUTIONS’ TEACHER PREPARATION
PROGRAMS. THE MICHIGAN VIRTUAL UNIVERSITY MAY SUPPORT A PORTION OF THE PERSONNEL COSTS
ASSOCIATED WITH THIS INITIATIVE. HIGHER EDUCATION FACULTY MEMBERS PARTICIPATING IN
THIS INITIATIVE WILL BE REQUIRED TO CONDUCT RESEARCH WORK THAT CONTRIBUTES TO THE
GOALS OF THE Institute.
(v) Pursue public/private partnerships that include districts to study and
implement competency-based technology-rich online learning models.
(vi) Convene focus groups and conduct annual surveys of teachers,
administrators, pupils, parents, and others to identify barriers and opportunities
related to online learning.
(vii) Produce an annual consumer awareness report for schools and parents about
effective online education providers and education delivery models, performance data,
cost structures, and research trends.
(VIII) RESEARCH AND ESTABLISH AN INTERNET-BASED PLATFORM THAT EDUCATORS CAN USE
TO CREATE STUDENT-CENTRIC LEARNING TOOLS AND RESOURCES AND FACILITATE A USER NETWORK
THAT ASSISTS EDUCATORS IN USING THE PLATFORM. AS PART OF THIS INITIATIVE, WORK
COLLABORATIVELY WITH LOCAL AND INTERMEDIATE DISTRICTS TO ESTABLISH A PLAN TO MAKE
AVAILABLE ONLINE RESOURCES THAT ALIGN TO MICHIGAN’S K-12 CURRICULUM STANDARDS FOR USE
BY STUDENTS, EDUCATORS AND PARENTS.
(IX) CREATE AND MAINTAIN A PUBLIC STATEWIDE CATALOG OF ONLINE LEARNING COURSES
BEING OFFERED BY ALL PUBLIC SCHOOLS IN THE STATE. THE Institute SHALL DETERMINE A LIST
OF NATIONALLY-RECOGNIZED BEST PRACTICES FOR ONLINE LEARNING AND USE THIS LIST TO
PROVIDE REVIEWS OF ONLINE COURSE VENDORS, COURSES, AND INSTRUCTIONAL PRACTICES. THE
RESULTS FROM THESE REVIEWS WILL ALSO BE MADE AVAILABLE TO THE PUBLIC THROUGH THE
STATEWIDE CATALOG. THE STATEWIDE CATALOG SHALL BE AVAILABLE TO THE PUBLIC ON THE
MICHIGAN VIRTUAL UNIVERSITY WEBSITE AND LINKED TO EACH DISTRICT’S WEBSITE AS PROVIDED
FOR IN SECTION 21F OF THIS ARTICLE. BEGINNING IN 2014-2015, THE STATEWIDE CATALOG
SHALL ALSO CONTAIN:
(A) THE NUMBER OF PUPILS ENROLLED IN EACH ONLINE COURSE IN THE 2012-2013 SCHOOL
YEAR.
(B) The number of PUPILS WHO successfulLY COMPLETED EACH online course IN THE
2012-2013 SCHOOL YEAR.
(C) THE COMPLETION RATE FOR EACH ONLINE COURSE.
(3) Subject to the provisions of this subsection,
from the funds allocated in
subsection (1), there is allocated an amount not to exceed
$500,000.00 for 2012 to the
Michigan virtual school operated by the Michigan virtual
university to conduct and
report on a year-long pilot study of a new
performance-based funding model for the
Michigan virtual school. The purpose of the pilot study is
to determine the merits of
a payment system for online instructional programs based on
pupil performance rather
than solely on enrollment and attendance factors. All of
the following apply to the
pilot study and the funding under this subsection:
(a) The Michigan virtual school shall randomly
select a minimum of 1,000 of its
qualifying online course enrollments for inclusion in the
pilot study. The Michigan
virtual school shall issue a refund or credit to districts
for all online course
enrollments included in the pilot study.
(b) The Michigan virtual school shall report to
the department the number of
online course enrollments in the pilot study that meet the
following conditions:
(i) The pupil successfully completed the
online course as measured by
assessments aligned to the course content and earned a
grade or credit from the
district or public school academy in which the pupil is
enrolled.
(ii) The online course is taught by a
Michigan certificated teacher certified
in the subject area in which the course is being offered.
(iii) Where applicable, the online course
is aligned with Michigan curriculum
standards.
(iv) The online course curriculum contains
periodic online pupil assessments.
(v) Pupils have access to the appropriate
technology hardware and software
necessary to take the online course.
(vi) Parents or guardians and pupils have
secure online access to review
periodic pupil progress and performance data.
(vii) The online instructor is available
to interact with parents or guardians
and pupils using electronic communications.
(c) The department shall pay to Michigan virtual
school from the funding under
this subsection an amount not to exceed the equivalent of
1/12 of the state's minimum
per pupil foundation allowance for each online course
enrollment included in the pilot
study that meets the conditions of subdivision (b) in the
next school aid payment
after the report is received by the department.
(3) (4) In order for the
Michigan virtual university to receive any funds
allocated under this section, the Michigan virtual school must maintain its
accreditation status from recognized national and international accrediting entities.
(4) (5) The Michigan virtual school OPERATED BY THE MICHIGAN VIRTUAL UNIVERSITY
may offer online course offerings in addition to those
offered in the pilot study
described in subsection (3), including, but not limited to, all
of the following:
(a) Information technology courses.
(b) College level equivalent courses, as defined in section 1471 of the revised
school code, MCL 380.1471.
(c) Courses and dual enrollment opportunities.
(d) Programs and services for at-risk pupils.
(e) General education development test preparation courses for adjudicated
youth.
(f) Special interest courses.
(g) Professional development programs for teachers, school administrators,
other school employees, and school board members.
(H) MICHIGAN VIRTUAL SCHOOL ONLINE COURSES SHALL BE INCLUDED IN THE STATEWIDE
CATALOG OF ONLINE COURSES.
(5) (6) If a home-schooled or nonpublic
school student is a resident of a
district that subscribes to services provided by the Michigan virtual school, the
student may use the services provided by the Michigan virtual school to the district
without charge to the student beyond what is charged to a district pupil using the
same services.
(6) (7) Not later than December
1 of each fiscal year, the Michigan virtual
university shall provide a report to the house and senate appropriations subcommittees
on state school aid, the state budget director, the house and senate fiscal agencies,
and the department that includes at least all of the following information related to
the Michigan virtual school for the preceding state fiscal year:
(a) A list of the districts served by the Michigan virtual school.
(b) A list of online course titles available to districts.
(c) The total number of online course enrollments and information on
registrations and completions by course.
(d) The overall course completion rate percentage.
(e) An analysis of the results of the pilot study
described in subsection (3),
including, but not limited to:
(i) A list of the districts that were
selected to be part of the pilot study.
(ii) The number of successful online
course completions.
(iii) A list of the courses offered in the
pilot study and the completion rates
for each course.
(iv) Identification of opportunities and
barriers that must be addressed in
order to apply online learning performance funding based on
successful completions
rather than enrollment and attendance for online learning
offerings statewide.
(7) (8) The governor may appoint an advisory
group for the center for online
learning research and innovation MICHIGAN
VIRTUAL LEARNING RESEARCH INSTITUTE
established under subsection (2). The members of the advisory group shall serve at the
pleasure of the governor and shall serve without compensation. The purpose of the
advisory group is to make recommendations to the governor, the legislature, and the
president and board of the Michigan virtual university that will accelerate innovation
in this state's education system in a manner that will prepare elementary and
secondary students to be career and college ready and that will promote the goal of
increasing the percentage of citizens of this state with high-quality degrees and
credentials to at least 60% by 2025.
(8) (9) As used in this section:
(a) "Blended learning" means a hybrid instructional delivery model where pupils
are provided face-to-face CONTENT, instruction, AND
ASSESSMENT in part at a
supervised
school EDUCATIONAL facility away from home WHERE THE PUPIL AND A MICHIGAN-CERTIFIED
TEACHER
ARE IN THE SAME PHYSICAL LOCATION and in part through computer-based and
internet-connected learning environments with some degree of pupil control over time,
location, and pace of instruction.
(b) "Cyber school" means a full-time online
instructional program OF ONLINE
COURSES for pupils that may or may not require attendance at a physical school
location.
(C) "DIGITAL LEARNING" MEANS INSTRUCTION DELIVERED VIA A WEB-BASED EDUCATIONAL
DELIVERY SYSTEM THAT USES VARIOUS INFORMATION TECHNOLOGIES TO PROVIDE A STRUCTURED
LEARNING ENVIRONMENT, INCLUDING ONLINE AND BLENDED LEARNING INSTRUCTIONAL METHODS.
(D) (c) "Online instructional
program COURSE" means a course of study that
generates IS CAPABLE OF
GENERATING a credit or
a grade, THAT IS provided in an
interactive computer-based and internet-connected
learning environment, in which
pupils are separated from their teachers by time or location, or both, and in which a
Michigan certificated teacher is responsible for providing
direct instruction
DETERMINING APPROPRIATE INSTRUCTIONAL METHODS FOR EACH PUPIL, diagnosing learning
needs, assessing pupil learning, prescribing intervention strategies, reporting
outcomes, and evaluating the effects of instruction and support strategies.
Sec. 99. (1) From the funds appropriated in section 11, there is allocated FOR
EACH
FISCAL YEAR an amount
not to exceed $2,725,000.00 for 2012-2013 2013-2014 AND
2014-2015 to support the activities and programs of mathematics and science centers
and for other purposes as described in this section. In addition, from the federal
funds appropriated in section 11, there is allocated EACH FISCAL YEAR for 2012-2013
2013-2014 AND 2014-2015 an amount estimated at $5,249,300.00 from DED-OESE, title II,
mathematics and science partnership grants.
(2) Within a service area designated locally, approved by the department, and
consistent with the comprehensive master plan for mathematics and science centers
developed by the department and approved by the state board, an established
mathematics and science center shall provide 2 or more of the following 6 basic
services, as described in the master plan, to constituent districts and communities:
leadership, pupil services, curriculum support, community involvement, professional
development, and resource clearinghouse services.
(3) The department shall not award a state grant under this section to more
than 1 mathematics and science center located in a designated region as prescribed in
the 2007 master plan unless each of the grants serves a distinct target population or
provides a service that does not duplicate another program in the designated region.
(4) As part of the technical assistance process, the department shall provide
minimum standard guidelines that may be used by the mathematics and science center for
providing fair access for qualified pupils and professional staff as prescribed in
this section.
(5) Allocations under this section to support the activities and programs of
mathematics and science centers shall be continuing support grants to all 33
established mathematics and science centers. Each established mathematics and science
center that was funded in the immediately preceding fiscal year shall receive state
funding in an amount equal to 100% of the amount it was allocated under this
subsection for the immediately preceding fiscal year. If a center declines state
funding or a center closes, the remaining money available under this section shall be
distributed to the remaining centers, as determined by the department.
(6) From the funds allocated in subsection (1), there is allocated EACH FISCAL
YEAR for 2012-2013 2013-2014 AND 2014-2015 an amount not to exceed $750,000.00 in a
form and manner determined by the department to those centers able to provide
curriculum and professional development support to assist districts in implementing
the Michigan merit curriculum components for mathematics and science. Funding under
this subsection is in addition to funding allocated under subsection (5).
(7) From the funds allocated in subsection (1), there is allocated EACH FISCAL
YEAR for 2012-2013 2013-2014 AND 2014-2015 an amount not to exceed $100,000.00 in a
form and manner determined by the department to a single mathematics and science
center that is a participant in the Michigan STEM partnership. Funding under this
subsection is in addition to funding allocated under subsection (5) and shall be used
for connecting mathematics and science centers for science, technology, engineering,
and mathematics purposes.
(8) In order to receive state or federal funds under this section, a grant
recipient shall allow access for the department or the department's designee to audit
all records related to the program for which it receives such funds. The grant
recipient shall reimburse the state for all disallowances found in the audit.
(9) Not later than September 30, 2013, the department shall reevaluate and
update the comprehensive master plan described in subsection (1).
(10) The department shall give preference in awarding the federal grants
allocated in subsection (1) to eligible existing mathematics and science centers.
(11) In order to receive state funds under this section, a grant recipient
shall provide at least a 10% local match from local public or private resources for
the funds received under this section.
(12) Not later than July 1 of each year, a mathematics and science center that
receives funds under this section shall report to the department in a form and manner
prescribed by the department on the following performance measures:
(a) Statistical change in pre- and post-assessment scores for students who
enrolled in mathematics and science activities provided to districts by the
mathematics and science center.
(b) Statistical change in pre- and post-assessment scores for teachers who
enrolled in professional development activities provided by the mathematics and
science center.
(13) As used in this section:
(a) "DED" means the United States department of education.
(b) "DED-OESE" means the DED office of elementary and secondary education.
Sec. 101. (1) To be
eligible to receive state aid under this act ARTICLE, not
later than the fifth Wednesday after the pupil membership count day and not later than
the fifth Wednesday after the supplemental count day, each district superintendent
shall submit to the center and the intermediate superintendent, in the form and manner
prescribed by the center, the number of pupils enrolled and in regular daily
attendance in the district as of the pupil membership count day and as of the
supplemental count day, as applicable, for the current school year. In addition, a
district maintaining school during the entire year, as provided under section 1561 of
the revised school code, MCL 380.1561, shall submit to the center and the intermediate
superintendent, in the form and manner prescribed by the center, the number of pupils
enrolled and in regular daily attendance in the district for the current school year
pursuant to rules promulgated by the
superintendent. Not later than the seventh SIXTH
Wednesday after the pupil membership count day and not later than the sixth Wednesday
after the supplemental count day, the district shall certify the data in a form and
manner prescribed by the center and file the certified data with the intermediate
superintendent. If a district fails to submit and certify the attendance data, as
required under this subsection, the center shall notify the department and state aid
due to be distributed under this article shall be withheld from the defaulting
district immediately, beginning with the next payment after the failure and continuing
with each payment until the district complies with this subsection. If a district does
not comply with this subsection by the end of the fiscal year, the district forfeits
the amount withheld. A person who willfully falsifies a figure or statement in the
certified and sworn copy of enrollment shall be punished in the manner prescribed by
section 161.
(2) To be eligible to receive state aid under this article, not later than the
twenty-fourth Wednesday after the pupil membership count day and not later than the
twenty-fourth Wednesday after the supplemental count day, an intermediate district
shall submit to the center, in a form and manner prescribed by the center, the audited
enrollment and attendance data for the pupils of its constituent districts and of the
intermediate district. If an intermediate district fails to submit the audited data as
required under this subsection, state aid due to be distributed under this article
shall be withheld from the defaulting intermediate district immediately, beginning
with the next payment after the failure and continuing with each payment until the
intermediate district complies with this subsection. If an intermediate district does
not comply with this subsection by the end of the fiscal year, the intermediate
district forfeits the amount withheld.
(3) Except as otherwise provided in subsections (11) and (12), all of the
following apply to the provision of pupil instruction:
(a) Except as otherwise provided in this section, each district shall provide
at least 1,098 hours and, beginning in 2010-2011, the required minimum number of days
of pupil instruction. For 2010-2011 and for 2011-2012, the required minimum number of
days of pupil instruction is 165. Beginning in 2012-2013, the required minimum number
of days of pupil instruction is 170. However, beginning in 2010-2011, a district shall
not provide fewer days of pupil instruction than the district provided for 2009-2010.
A district may apply for a waiver under subsection (9) from the requirements of this
subdivision.
(b) Except as otherwise provided in this article, a district failing to comply
with the required minimum hours and days of pupil instruction under this subsection
shall forfeit from its total state aid allocation an amount determined by applying a
ratio of the number of hours or days the district was in noncompliance in relation to
the required minimum number of hours and days under this subsection. Not later than
August 1, the board of each district shall certify to the department the number of
hours and, beginning in 2010-2011, days of pupil instruction in the previous school
year. If the district did not provide at least the required minimum number of hours
and days of pupil instruction under this subsection, the deduction of state aid shall
be made in the following fiscal year from the first payment of state school aid. A
district is not subject to forfeiture of funds under this subsection for a fiscal year
in which a forfeiture was already imposed under subsection (6).
(c) Hours or days lost because of strikes or teachers’ conferences shall not be
counted as hours or days of pupil instruction.
(d) If a collective bargaining agreement that provides a complete school
calendar is in effect for employees of a district as of October 19, 2009, and if that
school calendar is not in compliance with this subsection, then this subsection does
not apply to that district until after the expiration of that collective bargaining
agreement.
(e) Except as otherwise provided in subdivision (f), a district not having at
least 75% of the district’s membership in attendance on any day of pupil instruction
shall receive state aid in that proportion of 1/180 that the actual percent of
attendance bears to the specified percentage.
(f) At the request of a district that operates a department-approved
alternative education program and that does not provide instruction for pupils in all
of grades K to 12, the superintendent may grant a waiver from the requirements of
subdivision (e). The waiver shall indicate that an eligible district is subject to the
proration provisions of subdivision (e) only if the district does not have at least
50% of the district’s membership in attendance on any day of pupil instruction. In
order to be eligible for this waiver, a district must maintain records to substantiate
its compliance with the following requirements:
(i) The district offers the minimum hours of pupil instruction as required
under this section.
(ii) For each enrolled pupil, the district uses appropriate academic
assessments to develop an individual education plan that leads to a high school
diploma.
(iii) The district tests each pupil to determine academic progress at regular
intervals and records the results of those tests in that pupil’s individual education
plan.
(g) All of the following apply to a waiver granted under subdivision (f):
(i) If the waiver is for a blended model of delivery, a waiver that is granted
for the 2011-2012 fiscal year or a subsequent fiscal year remains in effect unless it
is revoked by the superintendent.
(ii) If the waiver is for a 100% online model of delivery and the educational
program for which the waiver is granted makes educational services available to pupils
for a minimum of at least 1,098 hours during a school year and ensures that each pupil
participates in the educational program for at least 1,098 hours during a school year,
a waiver that is granted for the 2011-2012 fiscal year or a subsequent fiscal year
remains in effect unless it is revoked by the superintendent.
(iii) A waiver that is not a waiver described in subparagraph (i) or (ii) is
valid for 1 fiscal year and must be renewed annually to remain in effect.
(h) The superintendent shall promulgate rules for the implementation of this
subsection.
(4) Except as otherwise provided in this subsection, the first 6 days or the
equivalent number of hours for which pupil instruction is not provided because of
conditions not within the control of school authorities, such as severe storms, fires,
epidemics, utility power unavailability, water or sewer failure, or health conditions
as defined by the city, county, or state health authorities, shall be counted as hours
and days of pupil instruction. With the approval of the superintendent of public
instruction, the department shall count as hours and days of pupil instruction for a
fiscal year not more than 6 additional days or the equivalent number of additional
hours for which pupil instruction is not provided in a district after April 1 of the
applicable school year due to unusual and extenuating occurrences resulting from
conditions not within the control of school authorities such as those conditions
described in this subsection. Subsequent such hours or days shall not be counted as
hours or days of pupil instruction.
(5) A district shall not forfeit part of its state aid appropriation because it
adopts or has in existence an alternative scheduling program for pupils in
kindergarten if the program provides at least the number of hours required under
subsection (3) for a full-time equated membership for a pupil in kindergarten as
provided under section 6(4).
(6) In addition to any other penalty or forfeiture under this section, if at
any time the department determines that 1 or more of the following has occurred in a
district, the district shall forfeit in the current fiscal year beginning in the next
payment to be calculated by the department a proportion of the funds due to the
district under this article that is equal to the proportion below the required minimum
number of hours and days of pupil instruction under subsection (3), as specified in
the following:
(a) The district fails to operate its schools for at least the required minimum
number of hours and days of pupil instruction under subsection (3) in a school year,
including hours and days counted under subsection (4).
(b) The board of the district takes formal action not to operate its schools
for at least the required minimum number of hours and days of pupil instruction under
subsection (3) in a school year, including hours and days counted under subsection
(4).
(7) In providing the minimum number of hours and days of pupil instruction
required under subsection (3), a district shall use the following guidelines, and a
district shall maintain records to substantiate its compliance with the following
guidelines:
(a) Except as otherwise provided in this subsection, a pupil must be scheduled
for at least the required minimum number of hours of instruction, excluding study
halls, or at least the sum of 90 hours plus the required minimum number of hours of
instruction, including up to 2 study halls.
(b) The time a pupil is assigned to any tutorial activity in a block schedule
may be considered instructional time, unless that time is determined in an audit to be
a study hall period.
(c) Except as otherwise provided in this subdivision, a pupil in grades 9 to 12
for whom a reduced schedule is determined to be in the individual pupil’s best
educational interest must be scheduled for a number of hours equal to at least 80% of
the required minimum number of hours of pupil instruction to be considered a full-time
equivalent pupil. A pupil in grades 9 to 12 who is scheduled in a 4-block schedule may
receive a reduced schedule under this subsection if the pupil is scheduled for a
number of hours equal to at least 75% of the required minimum number of hours of pupil
instruction to be considered a full-time equivalent pupil.
(d) If a pupil in grades 9 to 12 who is enrolled in a cooperative education
program or a special education pupil cannot receive the required minimum number of
hours of pupil instruction solely because of travel time between instructional sites
during the school day, that travel time, up to a maximum of 3 hours per school week,
shall be considered to be pupil instruction time for the purpose of determining
whether the pupil is receiving the required minimum number of hours of pupil
instruction. However, if a district demonstrates to the satisfaction of the department
that the travel time limitation under this subdivision would create undue costs or
hardship to the district, the department may consider more travel time to be pupil
instruction time for this purpose.
(e) In grades 7 through 12, instructional time that is part of a junior reserve
officer training corps (JROTC) program shall be considered to be pupil instruction
time regardless of whether the instructor is a certificated teacher if all of the
following are met:
(i) The instructor has met all of the requirements established by the United
States department of defense and the applicable branch of the armed services for
serving as an instructor in the junior reserve officer training corps program.
(ii) The board of the district or intermediate district employing or assigning
the instructor complies with the requirements of sections 1230 and 1230a of the
revised school code, MCL 380.1230 and 380.1230a, with respect to the instructor to the
same extent as if employing the instructor as a regular classroom teacher.
(8) Except as otherwise provided in subsections (11) and (12), the department
shall apply the guidelines under subsection (7) in calculating the full-time
equivalency of pupils.
(9) Upon application by the district for a particular fiscal year, the
superintendent may waive for a district the minimum number of hours and days of pupil
instruction requirement of subsection (3) for a department-approved alternative
education program or another innovative program approved by the department, including
a 4-day school week. If a district applies for and receives a waiver under this
subsection and complies with the terms of the waiver, the district is not subject to
forfeiture under this section for the specific program covered by the waiver. If the
district does not comply with the terms of the waiver, the amount of the forfeiture
shall be calculated based upon a comparison of the number of hours and days of pupil
instruction actually provided to the minimum number of hours and days of pupil
instruction required under subsection (3). Pupils enrolled in a department-approved
alternative education program under this subsection shall be reported to the center in
a form and manner determined by the center. All of the following apply to a waiver
granted under this subsection:
(a) If the waiver is for a blended model of delivery, a waiver that is granted
for the 2011-2012 fiscal year or a subsequent fiscal year remains in effect unless it
is revoked by the superintendent.
(b) If the waiver is for a 100% online model of delivery and the educational
program for which the waiver is granted makes educational services available to pupils
for a minimum of at least 1,098 hours during a school year and ensures that each pupil
participates in the educational program for at least 1,098 hours during a school year,
a waiver that is granted for the 2011-2012 fiscal year or a subsequent fiscal year
remains in effect unless it is revoked by the superintendent.
(c) A waiver that is not a waiver described in subdivision (a) or (b) is valid
for 1 fiscal year and must be renewed annually to remain in effect.
(10) A district may count up to 38 hours of qualifying professional development
for teachers as hours of pupil instruction. Professional development provided online
is allowable and encouraged, as long as the instruction has been approved by the
district. The department shall issue a list of approved online professional
development providers, which shall include the Michigan virtual school. As used in
this subsection, "qualifying professional development" means professional development
that is focused on 1 or more of the following:
(a) Achieving or improving adequate yearly progress as defined under the no
child left behind act of 2001, Public Law 107-110.
(b) Achieving accreditation or improving a school’s accreditation status under
section 1280 of the revised school code, MCL 380.1280.
(c) Achieving highly qualified teacher status as defined under the no child
left behind act of 2001, Public Law 107-110.
(d) Integrating technology into classroom instruction.
(e) Maintaining teacher certification.
(11) Subsections (3) and (8) do not apply to a school of excellence that is a
cyber school, as defined in section 551 of the revised school code, MCL 380.551, and
is in compliance with section 553a of the revised school code, MCL 380.553a.
(12) Subsections (3) and (8) do not apply to eligible pupils enrolled in a
dropout recovery program that meets the requirements of section 23a. As used in this
subsection, "eligible pupil" means that term as defined in section 23a.
(13) Beginning in 2013, at least every 2 years the superintendent shall review
the waiver standards set forth in the pupil accounting and auditing manuals to ensure
that the waiver standards and waiver process continue to be appropriate and responsive
to changing trends in online learning. The superintendent shall solicit and consider
input from stakeholders as part of this review.
Sec. 102. (1) A district or intermediate district receiving money under this
act ARTICLE shall not adopt or operate under a
deficit budget, and a district or
intermediate district shall not incur an operating deficit in a fund during a school
fiscal year. A district or intermediate district that has an existing deficit fund
balance, that incurs a deficit fund balance in the most recently completed school
fiscal year, or that adopts a current year budget that projects a deficit fund balance
shall not be allotted or paid a further sum under this act
ARTICLE until the district
or intermediate district submits to the department for approval a budget for the
current school fiscal year and a plan to eliminate the district's or intermediate
district's deficit not later than the end of the second school fiscal year after the
deficit was incurred or the budget projecting a deficit was adopted. Withheld state
aid payments shall be released after the department
approves the deficit reduction
ELIMINATION plan and ensures that the budget for the current school fiscal year is
balanced. After the department approves a district's or intermediate district's
deficit reduction ELIMINATION
plan, the district or intermediate district shall post
the deficit elimination plan on the district's or intermediate district's website.
(2) Not later than March 1 of each year, the department shall prepare a report
of deficits incurred or projected by districts and intermediate districts in the
immediately preceding fiscal year and the progress made in reducing those deficits and
submit the report to the standing committees of the legislature responsible for K-12
education legislation, the appropriations subcommittees of the legislature responsible
for K-12 education appropriations, the house and senate fiscal agencies, the state
treasurer, and the state budget director. The department also shall submit quarterly
interim reports concerning the progress made by districts and intermediate districts
in reducing those deficits. On a quarterly basis, the superintendent of public
instruction shall publicly present those reports to the appropriations subcommittees
of the legislature responsible for K-12 education appropriations.
(3) The amount of the permissible deficit for each school fiscal year shall not
exceed the amount of state aid reduced by an executive order during that school fiscal
year.
(4) A district or intermediate district that has an existing deficit fund
balance, that incurs a deficit fund balance in the most recently completed school
fiscal year, or that adopts a current year budget that projects a deficit fund balance
shall submit to the department a monthly monitoring report on revenue and expenditures
in a form and manner prescribed by the department and shall post these reports on its
website.
(5) If a district or intermediate district is not able to comply with the
provisions of this section, the district or intermediate district shall submit to the
department a plan to eliminate its deficit. Upon approval of the plan submitted, the
superintendent of public instruction may continue allotment and payment of funds under
this act ARTICLE, extend the period of time in which
a district or intermediate
district has to eliminate its deficit, and set special conditions that the district or
intermediate district must meet during the period of the extension. After the
department approves a district's or intermediate district's
deficit reduction
ELIMINATION plan under this subsection, the district or intermediate district shall
post the deficit elimination plan on the district's or intermediate district's
website.
(6) For the purposes of this section, "deficit fund balance" means that term as
defined in the Michigan public school accounting manual published by the department.
Sec. 104. (1) In order to receive state aid under this article, a district
shall comply with sections 1249, 1278a, 1278b, 1279, 1279g, and 1280b of the revised
school code, MCL 380.1249, 380.1278a, 380.1278b, 380.1279, 380.1279g, and 380.1280b,
and 1970 PA 38, MCL 388.1081 to 388.1086. Subject to subsection (2), from the state
school aid fund money appropriated in section 11, there is allocated EACH FISCAL YEAR
for 2012-2013 2013-2014
AND 2014-2015 an amount
not to exceed $26,694,400.00 for
payments on behalf of districts for costs associated with complying with those
provisions of law. In addition, from the federal funds appropriated in section 11,
there is allocated EACH
FISCAL YEAR for 2012-2013
2013-2014 AND 2014-2015 an amount
estimated at $8,250,000.00, funded from DED-OESE, title VI, state assessment funds,
and from DED-OSERS, section 504 of part B of the individuals with disabilities
education act, Public Law 94-142, plus any carryover federal funds from previous year
appropriations, for the purposes of complying with the federal no child left behind
act of 2001, Public Law 107-110.
(2) The results of each test administered as part of the Michigan educational
assessment program, including tests administered to high school students, shall
include an item analysis that lists all items that are counted for individual pupil
scores and the percentage of pupils choosing each possible response.
(3) All federal funds allocated under this section shall be distributed in
accordance with federal law and with flexibility provisions outlined in Public Law
107-116, and in the education flexibility partnership act of 1999, Public Law 106-25.
(4) Notwithstanding section 17b, payments on behalf of districts, intermediate
districts, and other eligible entities under this section shall be paid on a schedule
determined by the department.
(5) As used in this section:
(a) "DED" means the United States department of education.
(b) "DED-OESE" means the DED office of elementary and secondary education.
(c) "DED-OSERS" means the DED office of special education and rehabilitative
services.
Sec. 107. (1) From the appropriation in section 11, there is allocated EACH
FISCAL
YEAR an amount not to
exceed $22,000,000.00 for 2012-2013 2013-2014
AND 2014-
2015 for adult education programs authorized under this section. Funds allocated under
this section are restricted for adult education programs as authorized under this
section only. A recipient of funds under this section shall not use those funds for
any other purpose.
(2) To be eligible for funding under this section, a program shall employ
certificated teachers and qualified administrative staff and shall offer continuing
education opportunities for teachers to allow them to maintain certification.
(3) To be eligible to be a participant funded under this section, a person
shall be enrolled in an adult basic education program, an adult English as a second
language program, a general educational development (G.E.D.) test preparation program,
a job- or employment-related program, or a high school completion program, that meets
the requirements of this section, and shall meet either of the following, as
applicable:
(a) If the individual has obtained a high school diploma or a general
educational development (G.E.D.) certificate, the individual meets 1 of the following:
(i) Is less than 20 years of age on September 1 of the school year and is
enrolled in the Michigan career and technical institute.
(ii) Is less than 20 years of age on September 1 of the school year, is not
attending an institution of higher education, and is enrolled in a job- or employment-
related program through a referral by an employer.
(iii) Is enrolled in an English as a second language program.
(iv) Is enrolled in a high school completion program.
(b) If the individual has not obtained a high school diploma or G.E.D.
certificate, the individual meets 1 of the following:
(i) Is at least 20 years of age on September 1 of the school year.
(ii) Is at least 16 years of age on September 1 of the school year, has been
permanently expelled from school under section 1311(2) or 1311a of the revised school
code, MCL 380.1311 and 380.1311a, and has no appropriate alternative education program
available through his or her district of residence.
(4) Except as otherwise provided in subsection (5), the money allocated under
this section shall be distributed as follows:
(a) For districts and consortia that received
payments for 2011-2012 THE
IMMEDIATELY PRECEDING FISCAL YEAR under this section, the amount allocated to each for
2012-2013 THE CURRENT FISCAL
YEAR shall be based on
the number of participants served
by the district or consortium for 2012-2013 THE IMMEDIATELY PRECEDING FISCAL YEAR,
using the amount allocated per full-time equated participant under subsection (7), up
to a maximum total allocation under this subsection in an amount equal to the amount
the district or consortium received for 2011-2012 THE IMMEDIATELY PRECEDING FISCAL
YEAR under this section before any
reallocations made for 2011-2012 THE
IMMEDIATELY
PRECEDING FISCAL YEAR under subsection (5).
(b) A district or consortium that received funding
in 2011-2012 THE IMMEDIATELY
PRECEDING FISCAL YEAR under this section may operate independently of a consortium or
join or form a consortium for 2012-2013 THE CURRENT FISCAL YEAR. The allocation for
2012-2013 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 2011-2012 THE IMMEDIATELY PRECEDING FISCAL YEAR. A district or
consortium described in this subdivision shall notify the department of its intention
with regard to 2012-2013 THE CURRENT FISCAL YEAR by October 1, 2012 OF THE CURRENT
FISCAL YEAR.
(5) A district that operated an adult education
program in 2011-2012 THE
IMMEDIATELY
PRECEDING FISCAL YEAR
and does not intend to operate a program in 2012-
2013 THE CURRENT FISCAL YEAR shall notify the department by
October 1, 2012 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 2012-2013
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 2012-2013 THE
CURRENT FISCAL YEAR under this section.
(6) The amount allocated under this section per full-time equated participant
is $2,850.00 for a 450-hour program. The amount shall be proportionately reduced for a
program offering less than 450 hours of instruction.
(7) An adult basic education program or an adult English as a second language
program operated on a year-round or school year basis may be funded under this
section, subject to all of the following:
(a) The program enrolls adults who are determined by a department-approved
assessment, in a form and manner prescribed by the department, to be below ninth grade
level in reading or mathematics, or both, or to lack basic English proficiency.
(b) The program tests individuals for eligibility under subdivision (a) before
enrollment and upon completion of the program in compliance with the state-approved
assessment policy.
(c) A participant in an adult basic education program is eligible for
reimbursement until 1 of the following occurs:
(i) The participant's reading and mathematics proficiency are assessed at or
above the ninth grade level.
(ii) The participant fails to show progress on 2 successive assessments after
having completed at least 450 hours of instruction.
(d) A funding recipient enrolling a participant in an English as a second
language program is eligible for funding according to subsection (11) until the
participant meets 1 of the following:
(i) The participant is assessed as having attained basic English proficiency as
determined by a department-approved assessment.
(ii) The participant fails to show progress on 2 successive department-approved
assessments after having completed at least 450 hours of instruction. The department
shall provide information to a funding recipient regarding appropriate assessment
instruments for this program.
(8) A general educational development (G.E.D.) test preparation program
operated on a year-round or school year basis may be funded under this section,
subject to all of the following:
(a) The program enrolls adults who do not have a high school diploma.
(b) The program shall administer a G.E.D. pre-test approved by the department
before enrolling an individual to determine the individual's potential for success on
the G.E.D. test, and shall administer a post-test upon completion of the program in
compliance with the state-approved assessment policy.
(c) A funding recipient shall receive funding according to subsection (11) for
a participant, and a participant may be enrolled in the program until 1 of the
following occurs:
(i) The participant passes the G.E.D. test.
(ii) The participant fails to show progress on 2 successive department-approved
assessments used to determine readiness to take the G.E.D. test after having completed
at least 450 hours of instruction.
(9) A high school completion program operated on a year-round or school year
basis may be funded under this section, subject to all of the following:
(a) The program enrolls adults who do not have a high school diploma.
(b) The program tests participants described in subdivision (a) before
enrollment and upon completion of the program in compliance with the state-approved
assessment policy.
(c) A funding recipient shall receive funding according to subsection (11) for
a participant in a course offered under this subsection until 1 of the following
occurs:
(i) The participant passes the course and earns a high school diploma.
(ii) The participant fails to earn credit in 2 successive semesters or terms in
which the participant is enrolled after having completed at least 900 hours of
instruction.
(10) A job- or employment-related adult education program operated on a year-
round or school year basis may be funded under this section, subject to all of the
following:
(a) The program enrolls adults referred by their employer who are less than 20
years of age, have a high school diploma, are determined to be in need of remedial
mathematics or communication arts skills and are not attending an institution of
higher education.
(b) The program tests participants described in subdivision (a) before
enrollment and upon completion of the program in compliance with the department-
approved assessment policy.
(c) An individual may be enrolled in this program and the grant recipient shall
receive funding according to subsection (11) until 1 of the following occurs:
(i) The individual achieves the requisite skills as determined by department-
approved assessment instruments.
(ii) The individual fails to show progress on 2 successive assessments after
having completed at least 450 hours of instruction.
(11) A funding recipient shall receive payments under this section in
accordance with the following:
(a) Ninety percent for enrollment of eligible participants.
(b) Ten percent for completion of the adult basic education objectives by
achieving an increase of at least 1 grade level of proficiency in reading or
mathematics; for achieving basic English proficiency, as defined by the department in
the adult education guidebook; for obtaining a G.E.D. or passage of 1 or more
individual G.E.D. tests; for attainment of a high school diploma or passage of a
course required for a participant to attain a high school diploma; or for completion
of the course and demonstrated proficiency in the academic skills to be learned in the
course, as applicable.
(12) As used in this section, "participant" means the sum of the number of
full-time equated individuals enrolled in and attending a department-approved adult
education program under this section, using quarterly participant count days on the
schedule described in section 6(7)(b).
(13) A person who is not eligible to be a participant funded under this section
may receive adult education services upon the payment of tuition. In addition, a
person who is not eligible to be served in a program under this section due to the
program limitations specified in subsection (7), (8), (9), or (10) may continue to
receive adult education services in that program upon the payment of tuition. The
tuition level shall be determined by the local or intermediate district conducting the
program.
(14) An individual who is an inmate in a state correctional facility shall not
be counted as a participant under this section.
(15) A district shall not commingle money received under this section or from
another source for adult education purposes with any other funds of the district. A
district receiving adult education funds shall establish a separate ledger account for
those funds. This subsection does not prohibit a district from using general funds of
the district to support an adult education or community education program.
(16) A district or intermediate district receiving funds under this section may
establish a sliding scale of tuition rates based upon a participant's family income. A
district or intermediate district may charge a participant tuition to receive adult
education services under this section from that sliding scale of tuition rates on a
uniform basis. The amount of tuition charged per participant shall not exceed the
actual operating cost per participant minus any funds received under this section per
participant. A district or intermediate district may not charge a participant tuition
under this section if the participant's income is at or below 200% of the federal
poverty guidelines published by the United States department of health and human
services.
(17) In order to receive funds under this section, a district shall furnish to
the department, in a form and manner determined by the department, all information
needed to administer this program and meet federal reporting requirements; shall allow
the department or the department's designee to review all records related to the
program for which it receives funds; and shall reimburse the state for all
disallowances found in the review, as determined by the department.
(18) All intermediate district participant audits of adult education programs
shall be performed pursuant to the adult education participant auditing and accounting
manuals published by the department.
(19) As used in this section, "department" means the Michigan strategic fund.
Sec. 147. (1) The allocation for 2012-2013
THE 2013-2014 AND
2014-2015 FISCAL
YEARS 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.
(2) THE ANNUAL LEVEL PERCENTAGE OF PAYROLL CONTRIBUTION RATES FOR THE 2013-2014
FISCAL YEAR, AS DETERMINED BY THE RETIREMENT SYSTEM, ARE ESTIMATED AS FOLLOWS:
(A) For public school employees who first worked for a public school reporting
unit before July 1, 2010 AND WHO ARE ENROLLED IN THE HEALTH PREMIUM SUBSIDY, the
annual level percentage of payroll contribution rate is
estimated at 18.62% 29.35%,
WITH
24.79% PAID DIRECTLY BY THE EMPLOYER for pension and at 8.75% for retiree
health
care for the 2012-2013 fiscal year, unless a different
contribution rate is calculated
and applied by the office of retirement services pursuant
to provisions enacted under
Senate Bill No. 1040 of the 96th Legislature.
(B) For public school employees who first worked for a public school reporting
unit on or after July 1, 2010 AND WHO ARE ENROLLED IN THE HEALTH PREMIUM SUBSIDY, the
annual level percentage of payroll contribution rate is
estimated at 17.39% 29.12%,
WITH
24.56% PAID DIRECTLY BY THE EMPLOYER for pension and 8.75% for retiree health
care for the 2012-2013 fiscal year, unless a different
contribution rate is calculated
and applied by the office of retirement services pursuant
to provisions enacted under
Senate Bill No. 1040 of the 96th Legislature. For public
school employees who first
worked for a public school reporting unit before July 1,
2010, the annual level
percentage of payroll contribution rate is estimated at
22.46% for pension and 8.75%
for retiree health care for the 2013-2014 fiscal year,
unless a different contribution
rate is calculated and applied by the office of retirement
services pursuant to
provisions enacted under Senate Bill No. 1040 of the 96th
Legislature. For public
school employees who first worked for a public school
reporting unit on or after July
1, 2010, the annual level percentage of payroll
contribution rate is estimated at
21.19% for pension and 8.75% for retiree health care for
the 2013-2014 fiscal year,
unless a different contribution rate is calculated and
applied by the office of
retirement services pursuant to provisions enacted under
Senate Bill No. 1040 of the
96th Legislature.
(C) For public school employees who first worked for a public school reporting
unit ON OR AFTER July 1, 2010 AND WHO PARTICIPATE IN THE PERSONAL HEALTHCARE FUND, the
annual level percentage of payroll contribution rate is estimated at 28.19%, WITH
23.63% PAID DIRECTLY BY THE EMPLOYER.
(d) For public school employees who first worked for a public school reporting
unit ON OR AFTER SEPTEMBER 4, 2012 AND WHO ELECT DEFINED CONTRIBUTION AND WHO
PARTICIPATE IN THE PERSONAL HEALTHCARE FUND, the annual level percentage of payroll
contribution rate is estimated at 25.52%, WITH 20.96% PAID DIRECTLY BY THE EMPLOYER.
(e) For public school employees who first worked for a public school reporting
unit BEFORE JULY 1, 2010 AND WHO ELECT DEFINED CONTRIBUTION AND WHO ARE ENROLLED IN
THE HEALTH PREMIUM SUBSIDY, the annual level percentage of payroll contribution rate
is estimated at 26.45%, WITH 21.89% PAID DIRECTLY BY THE EMPLOYER.
(f) For public school employees who first worked for a public school reporting
unit BEFORE JULY 1, 2010 AND WHO ELECT DEFINED CONTRIBUTION AND WHO PARTICIPATE IN THE
PERSONAL HEALTHCARE FUND, the annual level percentage of payroll contribution rate is
estimated at 25.52%, WITH 20.96% PAID BY THE EMPLOYER.
(g) For public school employees who first worked for a public school reporting
unit BEFORE JULY 1, 2010 AND WHO PARTICIPATE IN THE PERSONAL HEALTHCARE FUND, the
annual level percentage of payroll contribution rate is estimated at 28.42%, WITH
23.86% PAID DIRECTLY BY THE EMPLOYER.
(3) THE ANNUAL LEVEL PERCENTAGE OF PAYROLL CONTRIBUTION RATES FOR THE 2014-2015
FISCAL YEAR, AS DETERMINED BY THE RETIREMENT SYSTEM, ARE ESTIMATED AS FOLLOWS:
(A) For public school employees who first worked for a public school reporting
unit before July 1, 2010 AND WHO ARE ENROLLED IN THE HEALTH PREMIUM SUBSIDY, the
annual level percentage of payroll contribution rate is estimated at 33.10%, WITH
25.78% PAID DIRECTLY BY THE EMPLOYER.
(B) For public school employees who first worked for a public school reporting
unit on or after July 1, 2010 AND WHO ARE ENROLLED IN THE HEALTH PREMIUM SUBSIDY, the
annual level percentage of payroll contribution rate is estimated at 32.02%, WITH
24.70% PAID DIRECTLY BY THE EMPLOYER.
(C) For public school employees who first worked for a public school reporting
unit ON OR AFTER July 1, 2010 AND WHO PARTICIPATE IN THE PERSONAL HEALTHCARE FUND, the
annual level percentage of payroll contribution rate is estimated at 31.51%, WITH
24.19% PAID DIRECTLY BY THE EMPLOYER.
(D) For public school employees who first worked for a public school reporting
unit ON OR AFTER SEPTEMBER 4, 2012 AND WHO ELECT DEFINED CONTRIBUTION AND WHO
PARTICIPATE IN THE PERSONAL HEALTHCARE FUND, the annual level percentage of payroll
contribution rate is estimated at 28.28%, WITH 20.96% PAID DIRECTLY BY THE EMPLOYER.
(E) For public school employees who first worked for a public school reporting
unit BEFORE JULY 1, 2010 AND WHO ELECT DEFINED CONTRIBUTION AND WHO ARE ENROLLED IN
THE HEALTH PREMIUM SUBSIDY, the annual level percentage of payroll contribution rate
is estimated at 28.79%, WITH 21.47% PAID DIRECTLY BY THE EMPLOYER.
(F) For public school employees who first worked for a public school reporting
unit BEFORE JULY 1, 2010 AND WHO ELECT DEFINED CONTRIBUTION AND WHO PARTICIPATE IN THE
PERSONAL HEALTHCARE FUND, the annual level percentage of payroll contribution rate is
estimated at 28.28%, WITH 20.96% PAID DIRECTLY BY THE EMPLOYER.
(G) For public school employees who first worked for a public school reporting
unit BEFORE JULY 1, 2010 AND WHO PARTICIPATE IN THE PERSONAL HEALTHCARE FUND, the
annual level percentage of payroll contribution rate is estimated at 32.59%, WITH
25.27% PAID DIRECTLY BY THE EMPLOYER.
(4) IN ADDITION, THE EMPLOYER SHALL pay the applicable defined contributions,
as determined by the PUBLIC SCHOOL EMPLOYEES’ RETIREMENT ACT OF 1979, 1980 PA 300.
(5) The portion of the contribution
rate assigned to districts and intermediate
districts for each fiscal year is all of the total
percentage points. This
THE
contribution rate RATES IN SUBSECTION (2) reflects REFLECT an amortization period of
26
25 years for 2012-2013 THE 2013-2014 FISCAL YEAR. The public school employees'
retirement system board shall notify each district and intermediate district by
February 28 of each fiscal year of the estimated contribution rate for the next fiscal
year.
Sec. 147a. From the appropriation in section 11, there is allocated EACH FISCAL
YEAR for 2012-2013 2013-2014 AND 2014-2015 an amount not to exceed $155,000,000.00 for
payments to participating districts. A district that receives money under this section
shall use that money solely for the purpose of offsetting a portion of the retirement
contributions owed by the district for the fiscal year ending
September 30, 2013 IN
WHICH IT IS RECEIVED. The amount allocated to each participating district under this
section shall be based on each participating district's percentage of the total
statewide payroll for all participating districts for the immediately preceding fiscal
year. As used in this section, "participating district" means a district that is a
reporting unit of the Michigan public school employees' retirement system under the
public school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1408,
and that reports employees to the Michigan public school employees' retirement system
for the applicable fiscal year.
Sec. 147b. (1) From the appropriation in section
11, there is allocated an
amount not to exceed $133,000,000.00 for 2011-2012 and an
amount not to exceed
$41,000,000.00 for 2012-2013 for the purposes of this
section. The money allocated in
this section represents a portion of the year-end school
aid fund balance. Money
allocated under this section shall be deposited in the
MPSERS retirement obligation
reform reserve fund.
(1) (2) The MPSERS retirement
obligation reform reserve fund is created as a
separate account within the state school aid fund.
(2) The state treasurer may receive money or other assets from any source for
deposit into the MPSERS retirement obligation reform reserve fund. The state treasurer
shall direct the investment of the MPSERS retirement obligation reform reserve fund.
The state treasurer shall credit to the MPSERS retirement obligation reform reserve
fund interest and earnings from the MPSERS retirement obligation reform reserve fund.
(3) MONEY AVAILABLE IN THE MPSERS RETIREMENT OBLIGATION REFORM RESERVE FUND MAY
NOT BE EXPENDED WITHOUT A SPECIFIC APPROPRIATION.
(4) Money in the MPSERS retirement obligation reform reserve fund at the close
of the fiscal year shall remain in the MPSERS retirement obligation reform reserve
fund and shall not lapse to the state school aid fund or to the general fund. The
department of treasury shall be the administrator of the MPSERS retirement obligation
reform reserve fund for auditing purposes.
(3) It is the intent of the legislature that the
speaker of the house of
representatives or the senate majority leader, or both, shall
convene a workgroup to
examine retirement obligations and potential reforms to the
Michigan public school
employees' retirement system established under the public
school employees retirement
act of 1979, 1980 PA 300, MCL 38.1301 to 38.1408. The chair
of the senate
appropriations committee and chair of the house
appropriations committee, or his or
her designee, each shall be a member of the workgroup, and
the workgroup shall report
to the speaker of the house of representatives or the senate
majority leader, as
applicable, by February 1, 2012, on reforms identified,
timelines for implementing
reforms, and estimated costs and savings of the identified
reforms.
(5) If the contributions described in section 43e as that section was ADDED by
2010 PA 75, MCL 38.1343e are determined by a final order of a court of competent
jurisdiction for which all rights of appeal have been exhausted to be constitutional
and if the order for preliminary injunction in Case No. 10-45-MM issued on July 13,
2010 is lifted, the monies placed in a separate interest bearing account as a result
of implementing the preliminary injunction shall be deposited into the MPSERS
retirement obligation reform reserve fund CREATED IN THIS SECTION to be used solely
for health care unfunded accrued liabilities.
Sec. 147c. (1) Except as otherwise provided in
subsection (2), from FROM the
appropriation in section 11, there is allocated for 2012-2013
THE 2013-2014 FISCAL
YEAR an amount not to exceed $130,000,000.00
$253,300,000.00 FROM THE STATE SCHOOL AID
FUND AND $150,000,000.00 FROM THE MPSERS RETIREMENT OBLIGATION REFORM RESERVE FUND AND
FOR THE 2014-2015 FISCAL YEAR AN AMOUNT NOT TO EXCEED $549,200,000.00 FROM THE STATE
SCHOOL AID FUND AND $100,000,000.00 FROM THE MPSERS RETIREMENT OBLIGATION REFORM
RESERVE FUND FOR PAYMENTS to DISTRICTS AND INTERMEDIATE DISTRICTS THAT ARE
PARTICIPATING ENTITIES OF the Michigan public school employees' retirement system.
(2) PAYMENTS MADE UNDER THIS SECTION SHALL BE EQUAL TO the difference between
the UNFUNDED ACTUARIAL ACCRUED LIABILITY CONTRIBUTION rate as calculated pursuant to
section 41 of the public school employees' retirement act of 1979, 1980 PA 300, MCL
38.1341, AS CALCULATED WITHOUT TAKING INTO ACCOUNT THE MAXIMUM EMPLOYER RATE OF 20.96%
STIPULATED IN SECTION 41 OF THE PUBLIC SCHOOL EMPLOYEES’ RETIREMENT ACT OF 1979, 1980
PA 300, MCL 38.1341 AND THE MAXIMUM EMPLOYER RATE OF 20.96% STIPULATED IN SECTION 41
OF THE PUBLIC SCHOOL EMPLOYEES’ RETIREMENT ACT OF 1979, 1980 PA 300, MCL 38.1341.
(2) If section 41 of the public school employees'
retirement act of 1979, 1980
PA 300, MCL 38.1341, is not amended by Senate Bill No. 1040
of the 96th Legislature,
then the allocation under subsection (1) shall lapse to the
state school aid fund
unless the legislature takes action to allocate the funding
in another manner.
(3) THE AMOUNT ALLOCATED TO EACH PARTCIPATING ENTITY UNDER THIS SECTION SHALL
BE BASED ON EACH PARTICIPATING ENTITY’S PROPORTION OF THE TOTAL COVERED PAYROLL FOR
THE IMMEDIATELY PRECEDING FISCAL YEAR FOR ALL DISTRICTS AND INTERMEDIATE DISTRICTS
THAT ARE PARTICIPATING ENTITIES. PARTICIPATING ENTITIES THAT RECEIVE FUNDS UNDER THIS
SECTION SHALL USE THE FUNDS SOLELY FOR THE PURPOSE OF RETIREMENT CONTRIBUTIONS AS
SPECIFIED IN SUBSECTION (4).
(4) EACH PARTICIPATING ENTITY RECEIVING FUNDS UNDER THIS SECTION SHALL FORWARD
AN AMOUNT EQUAL TO THE AMOUNT ALLOCATED UNDER SUBSECTION (3) TO THE RETIREMENT SYSTEM
IN A FORM, MANNER, AND TIMEFRAME DETERMINED BY THE RETIREMENT SYSTEM.
(5) AS USED IN THIS SECTION:
(A) "PARTICIPATING ENTITY" MEANS A DISTRICT OR INTERMEDIATE DISTRICT THAT IS A
REPORTING UNIT OF THE MICHIGAN PUBLIC SCHOOL EMPLOYEES’ RETIREMENT SYSTEM UNDER THE
PUBLIC SCHOOL EMPLOYEES RETIREMENT ACT OF 1979, 1980 PA 300, MCL 38.1301 TO 38.1437,
AND THAT REPORTS EMPLOYEES TO THE MICHIGAN PUBLIC SCHOOL EMPLOYEES’ RETIREMENT SYSTEM
FOR THE APPLICABLE FISCAL YEAR.
(B) "RETIREMENT BOARD" MEANS THE BOARD THAT ADMINISTERS THE RETIREMENT SYSTEM
UNDER THE PUBLIC SCHOOL EMPLOYEES RETIREMENT ACT OF 1979, 1980 PA 300, MCL 38.1301 TO
38.1437.
(C) "RETIREMENT SYSTEM" MEANS THE MICHIGAN PUBLIC SCHOOL EMPLOYEES’ RETIREMENT
SYSTEM UNDER THE PUBLIC SCHOOL EMPLOYEES RETIREMENT ACT OF 1979, 1980 PA 300, MCL
38.1301 TO 38.1437.
Sec. 152a. (1) As required by the court in the consolidated cases known as
Adair v State of Michigan, Michigan supreme court docket nos. 137424 and 137453, from
the state school aid fund money appropriated in section 11 there is allocated for
2012-2013 2013-2014 AND
2014-2015 an amount not
to exceed $38,000,500.00 to be used
solely for the purpose of paying necessary costs related to the state-mandated
collection, maintenance, and reporting of data to this state.
(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.
ARTICLE II
STATE AID TO COMMUNITY COLLEGES
sec. 201. (1) Subject to the conditions set forth in this article, the amounts
listed in this section are appropriated for COMMUNITY COLLEGES for the fiscal year
ending September 30, 2014, AND ARE ANTICIPATED TO BE APPROPRIATED FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 2015, from the funds indicated in this section. The following is
a summary of the appropriations in this section:
COMMUNITY COLLEGES
APPROPRIATION SUMMARY
GROSS APPROPRIATION..................................... $ 335,977,600 $ 352,277,600
TOTAL INTERDEPARTMENTAL GRANTS AND
INTRADEPARTMENTAL TRANSFERS........................... 0 0
ADJUSTED GROSS APPROPRIATION............................ $ 335,977,600 $ 352,277,600
TOTAL FEDERAL REVENUES.................................. 0 0
TOTAL LOCAL REVENUES.................................... 0 0
TOTAL PRIVATE REVENUES.................................. 0 0
TOTAL OTHER STATE RESTRICTED REVENUES................... 197,614,100 197,614,100
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 138,363,500 $ 154,663,500
(2) OPERATIONS
ALPENA COMMUNITY COLLEGE................................ $ 5,217,900 $ 5,217,900
BAY DE NOC COMMUNITY COLLEGE ........................... 5,258,600 5,258,600
DELTA COLLEGE........................................... 14,016,600 14,016,600
GLEN OAKS COMMUNITY COLLEGE............................. 2,432,400 2,432,400
GOGEBIC COMMUNITY COLLEGE............................... 4,313,300 4,313,300
GRAND RAPIDS COMMUNITY COLLEGE.......................... 17,388,500 17,388,500
HENRY FORD COMMUNITY COLLEGE............................ 20,975,000 20,975,000
JACKSON COMMUNITY COLLEGE............................... 11,712,900 11,712,900
KALAMAZOO VALLEY COMMUNITY COLLEGE...................... 12,080,200 12,080,200
KELLOGG COMMUNITY COLLEGE............................... 9,489,200 9,489,200
KIRTLAND COMMUNITY COLLEGE.............................. 3,048,300 3,048,300
LAKE MICHIGAN COLLEGE................................... 5,158,500 5,158,500
LANSING COMMUNITY COLLEGE............................... 29,909,300 29,909,300
MACOMB COMMUNITY COLLEGE................................ 31,807,800 31,807,800
MID MICHIGAN COMMUNITY COLLEGE.......................... 4,505,700 4,505,700
MONROE COUNTY COMMUNITY COLLEGE......................... 4,330,900 4,330,900
MONTCALM COMMUNITY COLLEGE.............................. 3,111,900 3,111,900
C.S. MOTT COMMUNITY COLLEGE............................. 15,190,800 15,190,800
MUSKEGON COMMUNITY COLLEGE.............................. 8,620,300 8,620,300
NORTH CENTRAL MICHIGAN COLLEGE.......................... 3,056,100 3,056,100
NORTHWESTERN MICHIGAN COLLEGE........................... 8,791,300 8,791,300
OAKLAND COMMUNITY COLLEGE............................... 20,413,500 20,413,500
ST. CLAIR COUNTY COMMUNITY COLLEGE...................... 6,835,200 6,835,200
SCHOOLCRAFT COLLEGE..................................... 12,074,100 12,074,100
SOUTHWESTERN MICHIGAN COLLEGE........................... 6,377,200 6,377,200
WASHTENAW COMMUNITY COLLEGE............................. 12,581,700 12,581,700
WAYNE COUNTY COMMUNITY COLLEGE.......................... 16,138,200 16,138,200
WEST SHORE COMMUNITY COLLEGE............................ 2,339,900 2,339,900
SKILLED TRADES FORMULA FUNDING.......................... 1,068,700 1,068,700
GROSS APPROPRIATION..................................... $ 298,244,000 $ 298,244,000
APPROPRIATED FROM:
STATE SCHOOL AID FUND................................... 195,880,500 195,880,500
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 102,363,500 $ 102,363,500
(3) MICHIGAN PUBLIC SCHOOL EMPLOYEES’ RETIREMENT
SYSTEM (MPSERS)
MPSERS REFORM COSTS..................................... $ $31,400,000 $ 48,800,000
MPSERS RETIREE HEALTH CARE REIMBURSEMENT................ 1,733,600 1,733,600
GROSS APPROPRIATION..................................... $ 33,133,600 $ 50,533,600
APPROPRIATED FROM:
STATE SCHOOL AID FUND................................... 1,733,600 1,733,600
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 31,400,000 $ 48,800,000
(4) RENAISSANCE ZONE REIMBURSEMENTS
RENAISSANCE ZONE REIMBURSEMENTS......................... $ 3,500,000 $ 3,500,000
GROSS APPROPRIATION..................................... $ 3,500,000 $ 3,500,000
APPROPRIATED FROM:
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 3,500,000 $ 3,500,000
(5) ONE-TIME APPROPRIATIONS
VIRTUAL LEARNING COLLABORATIVE.......................... $ 1,100,000 $ 0
GROSS APPROPRIATION..................................... $ 1,100,000 $ 0
APPROPRIATED FROM:
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 1,100,000 $ 0
Sec. 202. All appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 202a. As used in this article, "workforce development agency" means the
workforce development agency of the Michigan strategic fund.
Sec. 203. Unless otherwise specified, a community college that receives
appropriations in section 201 and the workforce development agency shall use the
internet to fulfill the reporting requirements of this article. This requirement may
include transmission of reports via electronic mail to the recipients identified for
each reporting requirement or it may include placement of reports on an internet or
intranet site.
Sec. 206. The funds appropriated in section 201 are appropriated for community
colleges with fiscal years ending June 30, 2014 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, 2013. Each community college shall accrue its
July and August 2014 payments to its institutional fiscal year ending June 30, 2014.
However, if the state budget director determines that a community college failed to
submit all verified Michigan community colleges activities classification structure
data for school year 2012-2013 to the workforce development agency by November 1,
2013, or failed to submit its p-20 longitudinal data system data set for school year
2012-2013 to the center for educational performance and information under section 219,
the state treasurer shall withhold the monthly installments from that community
college until those data are submitted. The state budget director shall notify the
chairs of the house and senate appropriations subcommittees on community colleges at
least 10 days before withholding funds from any community college.
Sec. 207. (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. This payment is
a condition of receiving funds appropriated under this article.
(2) A community college shall not pay an employer’s contribution to more than 1
retirement fund providing benefits for an employee.
SEC. 207A. the FISCAL YEAR 2013-2014 appropriation in section 201 for MICHIGAN
PUBLIC SCHOOL EMPLOYEES’ RETIREMENT SYSTEM retiree health care reimbursement SHALL BE
DISTRIBUTED PURSUANT TO THE CONDITIONS IN THIS SECTION. A COMMUNITY COLLEGE that
receives money under this section shall use that money solely for the purpose of
offsetting a portion of the retirement contributions owed by the COLLEGE for the
fiscal year ending September 30, 2014. The amount allocated to each participating
COMMUNITY COLLEGE under this section shall be based on each participating COLLEGE’S
total payroll covered by the Michigan public school employees' retirement system in
proportion to the total Michigan public school employees' retirement system-covered
payroll for all participating COLLEGES for the IMMEDIATELY PRECEDING state fiscal
year. As used in this section, "participating COLLEGE" means a COMMUNITY COLLEGE that
is a reporting unit of THE Michigan public school employees' retirement system under
the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to
38.1408, and that reports employees to THE Michigan public school employees'
retirement system for THE STATE FISCAL YEAR.
SEC. 207b. (1) THE FUNDS APPROPRIATED IN SECTION 201 FOR MICHIGAN PUBLIC SCHOOL
EMPLOYEES’ RETIREMENT SYSTEM REFORM COSTS SHALL BE USED FOR PAYMENTS TO COMMUNITY
COLLEGES THAT ARE PARTICIPATING ENTITIES OF THE MICHIGAN PUBLIC SCHOOL EMPLOYEES'
RETIREMENT SYSTEM.
(2) PAYMENTS MADE UNDER THIS SECTION SHALL BE EQUAL TO THE DIFFERENCE BETWEEN
THE UNFUNDED ACTUARIAL ACCRUED LIABILITY CONTRIBUTION RATE AS CALCULATED PURSUANT TO
SECTION 41 OF THE PUBLIC SCHOOL EMPLOYEES' RETIREMENT ACT OF 1979, 1980 PA 300, MCL
38.1341 AS CALCULATED WITHOUT TAKING INTO ACCOUNT THE MAXIMUM EMPLOYER RATE OF 20.96%
STIPULATED IN SECTION 41 OF THE PUBLIC SCHOOL EMPLOYEES’ RETIREMENT ACT OF 1979, 1980
PA 300, MCL 38.1341 AND THE MAXIMUM EMPLOYER RATE OF 20.96% STIPULATED IN SECTION 41
OF THE PUBLIC SCHOOL EMPLOYEES’ RETIREMENT ACT OF 1979, 1980 PA 300, MCL 38.1341.
(3) THE AMOUNT ALLOCATED TO EACH COMMUNITY COLLEGE UNDER THIS SECTION SHALL BE
BASED ON EACH COMMUNITY COLLEGE’S PERCENTAGE OF THE TOTAL PAYROLL FOR ALL COMMUNITY
COLLEGES THAT ARE PARTICIPATING ENTITIES FOR THE IMMEDIATELY PRECEDING FISCAL YEAR.
COMMUNITY COLLEGES THAT RECEIVE FUNDS UNDER THIS SECTION SHALL USE THE FUNDS SOLELY
FOR THE PURPOSE OF RETIREMENT CONTRIBUTIONS AS SPECIFIED IN SUBSECTION (4).
(4) EACH PARTICIPATING ENTITY RECEIVING FUNDS UNDER THIS SECTION SHALL FORWARD
AN AMOUNT EQUAL TO THE AMOUNT ALLOCATED UNDER SUBSECTION (3) TO THE RETIREMENT SYSTEM
IN A FORM, MANNER, AND TIMEFRAME DETERMINED BY THE RETIREMENT SYSTEM.
(5) AS USED IN THIS SECTION:
(A) "PARTICIPATING ENTITY" MEANS A COMMUNITY COLLEGE THAT IS A REPORTING UNIT
OF THE MICHIGAN PUBLIC SCHOOL EMPLOYEES’ RETIREMENT SYSTEM UNDER THE PUBLIC SCHOOL
EMPLOYEES RETIREMENT ACT OF 1979, 1980 PA 300, MCL 38.1301 TO 38.1437, AND THAT
REPORTS EMPLOYEES TO THE MICHIGAN PUBLIC SCHOOL EMPLOYEES’ RETIREMENT SYSTEM FOR THE
APPLICABLE FISCAL YEAR.
(B) "RETIREMENT BOARD" MEANS THE BOARD THAT ADMINISTERS THE RETIREMENT SYSTEM
UNDER THE PUBLIC SCHOOL EMPLOYEES RETIREMENT ACT OF 1979, 1980 PA 300, MCL 38.1301 TO
38.1437.
(C) "RETIREMENT SYSTEM" MEANS THE MICHIGAN PUBLIC SCHOOL EMPLOYEES’ RETIREMENT
SYSTEM UNDER THE PUBLIC SCHOOL EMPLOYEES RETIREMENT ACT OF 1979, 1980 PA 300, MCL
38.1301 TO 38.1437.
sec. 207c. THE fiscal year 2013-2014 one-time appropriation IN SECTION 201 FOR
the virtual learning collaborative SHALL BE distributed to a community college on
behalf of the michigan community college association for purposes of enhancing the
virtual learning collaborative. the recipient entity shall provide information upon
request to the state budget director, senate fiscal agency, and house fiscal agency on
the use of these funds until the project is completed.
Sec. 209. (1) Within 30 days after the board of a community college adopts its
annual operating budget for the following INSTITUTIONAL fiscal year, or after the
board adopts a subsequent revision to that budget, the community college shall make
all of the following available through a link on its website homepage:
(a) The annual operating budget and subsequent budget revisions.
(b) A link to the most recent "Activities Classification Structure DATABOOK"
AND "Activities Classification Structure Manual for Michigan Community Colleges".
(C) GENERAL FUND REVENUE AND EXPENDITURE PROJECTIONS FOR FISCAL YEAR 2013-2014
AND FISCAL YEAR 2014-2015.
(D) A LISTING OF ALL DEBT SERVICE OBLIGATIONS, DETAILED BY PROJECT, anticipated
FISCAL YEAR 2013-2014 PAYMENT for each project, AND TOTAL outstanding debt.
(E) Links to all of the following for the community college:
(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 of the
community college.
(iii) Audits and financial reports for the most recent fiscal year for which
they are available.
(2) For statewide consistency and public visibility, community colleges must
use the icon badge provided by the department of technology, management, and budget
consistent with the icon badge developed by the department of education for K-12
school districts. It must appear on the front of each community college’s homepage.
The size of the icon may be reduced to 150 x 150 pixels.
(3) The state budget director MAY determine whether a community college has
complied with this section. The state budget director may withhold a community
college’s monthly installments described in section 206 until the community college
complies with this section. The state budget director shall notify the chairs of the
house and senate appropriations subcommittee on community colleges at least 10 days
before withholding funds from any community college.
(4) Each community college shall report the following information to the senate
and house appropriations subcommittees on community colleges, the senate and house
fiscal agencies, and the state budget office by November 15, 2013, and post that
information on the internet website required under subsection (1):
(a) Budgeted fiscal year 2013-2014 general fund revenue from tuition and fees.
(b) Budgeted fiscal year 2013-2014 general fund revenue from state
appropriations.
(c) Budgeted fiscal year 2013-2014 general fund revenue from property taxes.
(d) Budgeted fiscal year 2013-2014 total general fund revenue.
(e) Budgeted fiscal year 2013-2014 total general fund expenditures.
Sec. 210. (1) Recognizing the critical importance of education in strengthening
Michigan’s workforce, each community college IS ENCOURAGED TO explore ways of
increasing collaboration and cooperation with 4-year universities, particularly in the
areas related to training, instruction, and program articulation.
(2) Recognizing the central role of community colleges in responding to local
employment needs and challenges, community colleges ARE ENCOURAGED TO develop and
continue efforts to collaborate with local employers and students to identify local
employment needs and strategies to meet them.
(3) Community colleges are encouraged to collaborate with each other on
innovations to identify and meet local employment needs.
(4) cOMMUNITY COLLEGES ARE ENCOURAGED TO work WITH UNIVERSITIES to develop
equivalency standards of core college courses and identify equivalent courses offered
by the institutions.
Sec. 213. COMMUNITY colleges ARE ENCOURAGED TO work with public universities in
the state to implement statewide reverse transfer agreements to increase the number of
students that are awarded credentials of value upon completion of the necessary
credits. These statewide agreements shall enable students who have earned a
significant number of credits at a community college and transferred to a
baccalaureate-granting institution before completing a degree to transfer the credits
earned at the baccalaureate institution back to the community college in order to be
awarded a credential of value.
Sec. 217. Unless otherwise specifically stated, all data items used in
determining state aid in this article 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. 218. Community colleges shall not include in the enrollment data reported
for determining state aid under this article 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 article for
the same individuals for whom reimbursement is provided by the state correctional
system.
Sec. 219. By June 30 of each year, each community college shall provide its p-
20 longitudinal data system data set for the preceding academic year to the center for
educational performance and information for inclusion in the P-20 longitudinal data
system described in section 94a.
Sec. 220. (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) Within 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 workforce development agency, 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. 221. (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) A community college shall retain all contracts between the community
college and agencies that reimburse the community college for the costs of instruction
for audit purposes.
Sec. 222. 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 workforce development
agency, and the state budget director before November 15 of 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". A community college shall make the
information the community college is required to provide under this section available
to the public on its internet website.
Sec. 223. Each community college shall report the following to the workforce
development agency no later than November 1 of 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 workforce
development agency and the department of civil rights.
(b) The number of North American Indian tuition waivers granted each term, and
the monetary value of the waivers for the previous fiscal year.
Sec. 224. A community college shall USE THE p-20 LONGITUDINAL DATA SYSTEM TO
inform interested Michigan high schools AND THE PUBLIC of the aggregate academic
status of its students for the previous academic year, in a manner prescribed by the
Michigan community college association and in cooperation with the Michigan
association of secondary school principals. Community colleges shall cooperate with
the center for educational performance and information to MAINTAIN a systematic
approach for accomplishing this work.
Sec. 225. Each community college shall report to the house and senate fiscal
agencies, the state budget director, and the workforce development agency by August
31, 2013, 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 2013-2014 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 2012-2013 OR 2013-2014 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 workforce development
agency within 15 days of being adopted.
Sec. 226. Each community college shall report to the workforce development
agency 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 of each
year.
Sec. 229. It is EXPECTED that each community college receiving an appropriation
in section 201 include in its admission application process a specific question as to
whether an applicant for admission is a veteran, an active member of the military, a
member of the national guard or military reserves, or the spouse or dependent of a
veteran, active member of the military, or member of the national guard or military
reserves, in order to more quickly identify potential educational assistance available
to that applicant. As used in this section, "veteran" means an honorably discharged
veteran entitled to educational assistance under the provisions of section 5003 of the
post-911 veterans educational assistance act of 2008, title V of Public Law 110-252,
38 USC 3301 to 3324.
Sec. 230. (1) A COMMUNITY COLLEGE IS ONLY ELIGIBLE FOR ANY ADDITIONAL FUNDING
PROVIDED TO COMMUNITY COLLEGE OPERATIONS UNDER SECTION 201(2) IN FISCAL YEAR 2013-2014
THAT EXCEEDS THE AMOUNTS APPROPRIATED FOR OPERATIONS IN FISCAL YEAR 2012-2013 IF THE
COMMUNITY COLLEGE CERTIFIES TO THE STATE BUDGET DIRECTOR BY AUGUST 1, 2013 THAT THE
COLLEGE ADHERES TO 4 out of 5 best practices listed in each category described in THIS
subsection:
(a) For Category A, economic development and business or industry partnerships,
the following:
(i) The community college has active partnerships with local employers
including hospitals and health care providers.
(ii) The community college provides customized on-site training for area
companies, employees, or both.
(iii) The community college supports entrepreneurship through a small business
assistance center or other training or consulting activities targeted toward small
businesses.
(iv) The community college supports technological advancement through industry
partnerships, incubation activities, or operation of a Michigan technical education
center or other advanced technology center.
(v) The community college has active partnerships with local or regional
workforce and economic development agencies.
(b) For Category B, educational partnerships, the following:
(i) The community college has active partnerships with regional high schools,
intermediate school districts, and career-tech centers to provide instruction through
dual enrollment, direct credit, middle college, or academy programs.
(ii) The community college hosts, sponsors, or participates in enrichment
programs for area K-12 students, such as college days, summer or after-school
programming, or science Olympiad.
(iii) The community college provides, supports, or participates in programming
to promote successful transitions to college for traditional age students, including
grant programs such as talent search, upward bound, or other activities to promote
college readiness in area high schools and community centers.
(iv) The community college provides, supports, or participates in programming
to promote successful transitions to college for new or reentering adult students,
such as adult basic education, GED preparation, GED testing, or recruiting, advising,
or orientation activities specific to adults.
(v) The community college has active partnerships with regional 4-year colleges
and universities to promote successful transfer, such as articulation, 2+2, or reverse
transfer agreements or operation of a university center.
(c) For Category C, community services, the following:
(i) The community college provides continuing education programming for
leisure, wellness, personal enrichment, or professional development.
(ii) The community college operates or sponsors opportunities for community
members to engage in activities that promote leisure, wellness, cultural or personal
enrichment such as community sports teams, theater or musical ensembles, or artist
guilds.
(iii) The community college operates public facilities to promote cultural,
educational, or personal enrichment for community members, such as libraries, computer
labs, performing arts centers, museums, art galleries, or television or radio
stations.
(iv) The community college operates public facilities to promote leisure or
wellness activities for community members, including gymnasiums, athletic fields,
tennis courts, fitness centers, hiking or biking trails, or natural areas.
(v) The community college promotes, sponsors, or hosts community service
activities for students, staff, or community members.
(D) IF A COMMUNITY COLLEGE DOES NOT CERTIFY THAT IT ADHERES TO A SUFFICIENT
NUMBER OF BEST PRACTICES AS DESCRIBED IN THIS SUBSECTION, THE FUNDS ALLOCATED TO THAT
COMMUNITY COLLEGE FROM PERFORMANCE FUNDING IN SECTION 201 SHALL LAPSE TO THE GENERAL
FUND.
(2) THE ADDITIONAL FUNDING PROVIDED TO COMMUNITY COLLEGE OPERATIONS UNDER
SECTION 201(2) IN FISCAL YEAR 2013-2014 THAT EXCEEDS THE AMOUNTS APPROPRIATED FOR
OPERATIONS IN FISCAL YEAR 2012-2013 IS distributed based on the following formula:
(a) Allocated proportionate to fiscal year 2012-2013 base appropriations, 50%.
(b) Based on contact hour equated students, 10%.
(c) Based on administrative costs, 7.5%.
(d) Based on a weighted degree formula as provided for in the 2006
recommendations of the performance indicators task force, 17.5%.
(e) Based on SKILLED TRADES JOB PLACEMENTS, AS DESCRIBED IN SUBSECTIONS (3) AND
(4), 15%.
(3) A COMMUNITY COLLEGE SHALL SUBMIT TO THE STATE BUDGET DIRECTOR BY JULY 15,
2014 THE NUMBER OF STUDENTS THAT SUCCESSFULLY COMPLETED A SKILLED TRADES PROGRAM AND
OBTAINED AN APPRENTICESHIP OR JOB IN A FIELD RELATED TO THAT SKILLED TRADES PROGRAM,
FOR INSTITUTIONAL FISCAL YEAR 2012-2013. SKILLED TRADES PROGRAMS SHALL BE DEFINED AS
ACADEMIC PROGRAMS CATEGORIZED IN THE UNITED STATES DEPARTMENT OF EDUCATION
CLASSIFICATION OF INSTRUCTIONAL PROGRAM CODES AS 01, 46, 47, 48, 49. THE COMMUNITY
COLLEGE SHALL ALSO INDICATE THE NUMBER OF THESE STUDENTS THAT ARE VETERANS OF THE
UNITED STATES ARMED FORCES. A PLACED STUDENT WHO IS ALSO A VETERAN SHALL BE WEIGHTED
TO COUNT AS TWO PLACEMENTS. THE STATE BUDGET DIRECTOR SHALL IMPLEMENT UNIFORM
REPORTING GUIDELINES FOR THIS SUBSECTION.
(4) FUNDING FROM THE FORMULA METRIC FOR SKILLED TRADES JOB PLACEMENTS IN
SUBSECTION (2)(E) SHALL BE ALLOCATED TO EACH COMMUNITY COLLEGE BASED ON EACH COLLEGE’S
PROPORTION OF THE TOTAL NUMBER OF WEIGHTED SKILLED TRADE STUDENT PLACEMENTS REPORTED
BY ALL COMMUNITY COLLEGES.
Sec. 230a. Included in the fiscal year 2013-2014 appropriations for the
department of technology, management, and budget are appropriations to provide funding
for the state share of costs for previously constructed capital projects for community
colleges. Those appropriations for state building authority rent represent additional
state general fund support for community colleges, and the following is an estimate of
the amount of that support to each community college:
(a) Alpena Community College, $434,500.00.
(b) Bay de Noc Community College, $644,500.00.
(c) Delta College, $2,877,700.00.
(d) Glen Oaks Community College, $124,900.00.
(e) Gogebic Community College, $78,100.00.
(f) Grand Rapids Community College, $1,700,400.00.
(g) Henry Ford Community College, $1,126,800.00.
(h) Jackson Community College, $1,809,500.00.
(i) Kalamazoo Valley Community College, $1,489,300.00.
(j) Kellogg Community College, $527,900.00.
(k) Kirtland Community College, $368,800.00.
(l) Lake Michigan College, $345,200.00.
(m) Lansing Community College, $617,600.00.
(n) Macomb Community College, $1,332,900.00.
(o) Mid Michigan Community College, $928,900.00.
(p) Monroe County Community College, $1,375,600.00.
(q) Montcalm Community College, $1,015,700.00.
(r) C.S. Mott Community College, $1,830,400.00.
(s) Muskegon Community College, $201,000.00.
(T) NORTH CENTRAL MICHIGAN COLLEGE, $476,300.00.
(U) Northwestern Michigan College, $1,324,800.00.
(V) Oakland Community College, $472,100.00.
(W) St. Clair County Community College, $361,400.00.
(X) Schoolcraft College, $1,569,500.00.
(Y) Southwestern Michigan College, $538,600.00.
(Z) Washtenaw Community College, $2,023,100.00.
(AA) Wayne County Community College, $1,918,700.00.
(BB) West Shore Community College, $585,800.00.
SEC. 231: SECTIONS 201 THROUGH 230a OF THIS ARTICLE ARE REPEALED EFFECTIVE AT
11:59 PM, SEPTEMBER 30, 2014.
ARTICLE III
STATE AID FOR UNIVERSITIES AND STUDENT FINANCIAL AID
sec. 236 (1) Subject to the conditions set forth in this article, the amounts
listed in this section are appropriated for higher education for the fiscal year
ending September 30, 2014, AND ARE ANTICIPATED TO BE APPROPRIATED FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 2015, from the funds indicated in this section. The following is
a summary of the appropriations in this section:
HIGHER EDUCATION
APPROPRIATION SUMMARY
GROSS APPROPRIATION..................................... $ 1,430,573,500 $ 1,430,573,500
TOTAL INTERDEPARTMENTAL GRANTS AND
INTRADEPARTMENTAL TRANSFERS........................... 0 0
ADJUSTED GROSS APPROPRIATION............................ $ 1,430,573,500 $ 1,430,573,500
TOTAL FEDERAL REVENUES.................................. 97,026,400 97,026,400
TOTAL LOCAL REVENUES.................................... 0 0
TOTAL PRIVATE REVENUES.................................. 0 0
TOTAL OTHER STATE RESTRICTED REVENUES................... 200,565,700 200,565,700
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 1,132,981,400 $ 1,132,981,400
(2) UNIVERSITY OPERATIONS
(A) CENTRAL MICHIGAN UNIVERSITY
OPERATIONS.............................................. $ 71,352,300 $ 73,012,400
PERFORMANCE FUNDING..................................... 1,660,100 0
GROSS APPROPRIATION..................................... $ 73,012,400 $ 73,012,400
APPROPRIATED FROM:
STATE SCHOOL AID FUND................................... 11,284,600 11,284,600
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 61,727,800 $ 61,727,800
(B) EASTERN MICHIGAN UNIVERSITY
OPERATIONS.............................................. $ 66,466,700 $ 67,067,600
PERFORMANCE FUNDING..................................... 600,900 0
GROSS APPROPRIATION..................................... $ 67,067,600 $ 67,067,600
APPROPRIATED FROM:
STATE SCHOOL AID FUND................................... 10,706,400 10,706,400
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 56,361,200 $ 56,361,200
(C) FERRIS STATE UNIVERSITY
OPERATIONS.............................................. $ 44,250,700 $ 46,334,100
PERFORMANCE FUNDING..................................... 2,083,400 0
GROSS APPROPRIATION..................................... $ 46,334,100 $ 46,334,100
APPROPRIATED FROM:
STATE SCHOOL AID FUND................................... 6,846,800 6,846,800
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 39,487,300 $ 39,487,300
(D) GRAND VALLEY STATE UNIVERSITY
OPERATIONS.............................................. $ 55,436,000 $ 57,214,500
PERFORMANCE FUNDING..................................... 1,778,500 0
GROSS APPROPRIATION..................................... $ 57,214,500 $ 57,214,500
APPROPRIATED FROM:
STATE SCHOOL AID FUND................................... 8,727,800 8,727,800
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 48,486,700 $ 48,486,700
(E) LAKE SUPERIOR STATE UNIVERSITY
OPERATIONS.............................................. $ 12,046,100 $ 12,666,300
PERFORMANCE FUNDING..................................... 620,200 0
GROSS APPROPRIATION..................................... $ 12,666,300 $ 12,666,300
APPROPRIATED FROM:
STATE SCHOOL AID FUND................................... 1,787,600 1,787,600
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 10,878,700 $ 10,878,700
(F) MICHIGAN STATE UNIVERSITY
OPERATIONS.............................................. $ 245,037,000 $ 247,423,800
PERFORMANCE FUNDING..................................... 2,386,800 0
AGBIORESEARCH AND EXTENSION ACTIVITIES.................. 55,288,700 55,288,700
GROSS APPROPRIATION..................................... $ 302,712,500 $ 302,712,500
APPROPRIATED FROM:
STATE SCHOOL AID FUND................................... 39,949,900 39,949,900
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 262,762,600 $ 262,762,600
(G) MICHIGAN TECHNOLOGICAL UNIVERSITY
OPERATIONS.............................................. $ 42,579,100 $ 43,770,000
PERFORMANCE FUNDING..................................... 1,190,900 0
GROSS APPROPRIATION..................................... $ 43,770,000 $ 43,770,000
APPROPRIATED FROM:
STATE SCHOOL AID FUND................................... 6,748,900 6,748,900
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 37,021,100 $ 37,021,100
(H) NORTHERN MICHIGAN UNIVERSITY
OPERATIONS.............................................. $ 40,856,600 $ 41,709,000
PERFORMANCE FUNDING..................................... 852,400 0
GROSS APPROPRIATION..................................... $ 41,709,000 $ 41,709,000
APPROPRIATED FROM:
STATE SCHOOL AID FUND................................... 6,356,900 6,356,900
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 35,352,100 $ 35,352,100
(I) OAKLAND UNIVERSITY
OPERATIONS.............................................. $ 44,964,100 $ 45,660,500
PERFORMANCE FUNDING..................................... 696,400 0
GROSS APPROPRIATION..................................... $ 45,660,500 $ 45,660,500
APPROPRIATED FROM:
STATE SCHOOL AID FUND................................... 7,148,400 7,148,400
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 38,512,100 $ 38,512,100
(J) SAGINAW VALLEY STATE UNIVERSITY
OPERATIONS.............................................. $ 25,656,700 $ 26,190,400
PERFORMANCE FUNDING..................................... 533,700 0
GROSS APPROPRIATION..................................... $ 26,190,400 $ 26,190,400
APPROPRIATED FROM:
STATE SCHOOL AID FUND................................... 3,903,800 3,903,800
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 22,286,600 $ 22,286,600
(K) UNIVERSITY OF MICHIGAN - ANN ARBOR
OPERATIONS.............................................. $ 274,156,700 $ 277,235,800
PERFORMANCE FUNDING..................................... 3,079,100 0
GROSS APPROPRIATION..................................... $ 277,235,800 $ 277,235,800
APPROPRIATED FROM:
STATE SCHOOL AID FUND................................... 44,536,300 44,536,300
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 232,699,500 $ 232,699,500
(L) UNIVERSITY OF MICHIGAN – DEARBORN
OPERATIONS.............................................. $ 22,237,300 $ 22,483,600
PERFORMANCE FUNDING..................................... 246,300 0
GROSS APPROPRIATION..................................... $ 22,483,600 $ 22,483,600
APPROPRIATED FROM:
STATE SCHOOL AID FUND................................... 3,482,100 3,482,100
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 19,001,500 $ 19,001,500
(M) UNIVERSITY OF MICHIGAN – FLINT
OPERATIONS.............................................. $ 19,526,600 $ 20,478,700
PERFORMANCE FUNDING..................................... 952,100 0
GROSS APPROPRIATION..................................... $ 20,478,700 $ 20,478,700
APPROPRIATED FROM:
STATE SCHOOL AID FUND................................... 2,942,900 2,942,900
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 17,535,800 $ 17,535,800
(N) WAYNE STATE UNIVERSITY
OPERATIONS.............................................. $ 183,398,300 $ 183,854,300
PERFORMANCE FUNDING..................................... 456,000 0
GROSS APPROPRIATION..................................... $ 183,854,300 $ 183,854,300
APPROPRIATED FROM:
STATE SCHOOL AID FUND................................... 30,160,600 30,160,600
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 153,693,700 $ 153,693,700
(O) WESTERN MICHIGAN UNIVERSITY
OPERATIONS.............................................. $ 95,487,500 $ 97,002,400
PERFORMANCE FUNDING..................................... 1,514,900 0
GROSS APPROPRIATION..................................... $ 97,002,400 $ 97,002,400
APPROPRIATED FROM:
STATE SCHOOL AID FUND................................... 15,436,500 15,436,500
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 81,565,900 $ 81,565,900
(3) TUITION RESTRAINT INCENTIVE FUNDING
TUITION RESTRAINT INCENTIVE FUNDING..................... $ 6,217,300 $ 6,217,300
GROSS APPROPRIATION..................................... $ 6,217,300 $ 6,217,300
APPROPRIATED FROM:
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 6,217,300 $ 6,217,300
(4) MICHIGAN PUBLIC SCHOOL EMPLOYEES’ RETIREMENT
SYSTEM (MPSERS)
MPSERS REIMBURSEMENT.................................... $ 446,200 $ 446,200
GROSS APPROPRIATION..................................... $ 446,200 $ 446,200
APPROPRIATED FROM:
STATE SCHOOL AID FUND................................... 446,200 446,200
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 0 $ 0
(5) STATE AND REGIONAL PROGRAMS
COLLEGE ACCESS PROGRAM.................................. $ 2,000,000 $ 2,000,000
HIGHER EDUCATION DATABASE MODERNIZATION AND
CONVERSION............................................ 105,000 105,000
MIDWESTERN HIGHER EDUCATION COMPACT..................... 95,000 95,000
GROSS APPROPRIATION..................................... $ 2,200,000 $ 2,200,000
APPROPRIATED FROM:
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 2,200,000 $ 2,200,000
(6) MARTIN LUTHER KING, JR. – CESAR CHAVEZ – ROSA
PARKS PROGRAM
SELECT STUDENT SUPPORT SERVICES......................... $ 1,956,100 $ 1,956,100
MICHIGAN COLLEGE/UNIVERSITY PARTNERSHIP PROGRAM......... 586,800 586,800
MORRIS HOOD, JR. EDUCATOR DEVELOPMENT PROGRAM........... 148,600 148,600
GROSS APPROPRIATION..................................... $ 2,691,500 $ 2,691,500
APPROPRIATED FROM:
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 2,691,500 $ 2,691,500
(7) GRANTS AND FINANCIAL AID
STATE COMPETITIVE SCHOLARSHIPS.......................... $ 18,361,700 $ 18,361,700
TUITION GRANTS.......................................... 31,664,700 31,664,700
TUITION INCENTIVE PROGRAM............................... 47,000,000 47,000,000
CHILDREN OF VETERANS AND OFFICER’S SURVIVOR
TUITION PROGRAM....................................... 1,400,000 1,400,000
PROJECT GEAR-UP......................................... 3,200,000 3,200,000
GROSS APPROPRIATION..................................... $ 101,626,400 $ 101,626,400
APPROPRIATED FROM:
UNITED STATES DEPARTMENT OF EDUCATION, OFFICE OF .
ELEMENTARY AND SECONDARY EDUCATION, GEAR-UP PROGRAM... 3,200,000 3,200,000
SOCIAL SECURITY ACT, TEMPORARY ASSISTANCE FOR NEEDY
FAMILIES.............................................. 93,826,400 93,826,400
CONTRIBUTIONS TO CHILDREN OF VETERANS TUITION GRANT
PROGRAM............................................... 100,000 100,000
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 4,500,000 $ 4,500,000
Sec. 236b. In addition to the funds appropriated in section 236, there is
appropriated for grants and financial aid in fiscal year 2013-2014 AND IN FISCAL YEAR
2014-2015 an amount not to exceed $6,000,000.00 for federal contingency funds. These
funds are not available for expenditure until they have been transferred under section
393(2) of the management and budget act, 1984 PA 431, MCL 18.1393, for another purpose
under this article.
Sec. 237. All of the appropriations authorized under this article are subject
to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 237b. As used in this article, the term "workforce development agency"
means the workforce development agency of the Michigan strategic fund.
Sec. 238. Unless otherwise specified, a public university receiving
appropriations in section 236 shall use the internet to fulfill the reporting
requirements of this article. This requirement may include transmission of reports via
electronic mail to the recipients identified for each reporting requirement, or it may
include placement of reports on an internet or intranet site.
Sec. 241. (1) Subject to section 265a, the funds appropriated in section 236 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, 2013. Except for Wayne State University, each institution shall accrue its July
and August 2014 payments to its institutional fiscal year ending June 30, 2014.
(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, 2013, these data shall be submitted to the state budget
director by October 15, 2013. Public universities with a fiscal year ending September
30, 2013 shall submit preliminary HEIDI data by November 15, 2013 and final data by
December 15, 2013. If a public university fails to submit HEIDI data and associated
financial aid program information in accordance with this reporting schedule, the
state treasurer MAY withhold the monthly installments under subsection (1) to the
public university until those data are submitted.
Sec. 242. 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. 243. Each public university that receives funds under this article 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. 244. A public university receiving funds in section 236 shall cooperate
with all measures taken by the state to develop, operate, and maintain the P-20
longitudinal data system described in section 94a. If the state budget director finds
that a university has not complied with this section, the state budget director is
authorized to withhold the monthly installments provided to that university under
section 236 until he or she finds the university has complied with this section.
Sec. 245. (1) Within 30 days after the board of a public university adopts its
annual operating budget for the following INSTITUTIONAL fiscal year, or after the
board adopts a subsequent revision to that budget, the public university shall make
all of the following available through a link on its website homepage:
(a) The annual operating budget and subsequent budget revisions.
(b) A summary of current expenditures for the most recent fiscal year for which
they are available, expressed as pie charts in the following 2 categories:
(i) A chart of personnel expenditures, broken into the following subcategories:
(A) Earnings 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 current expenditures the public university reported as part
of its higher education institutional data inventory data under section 241(2), broken
into the same subcategories in which it reported those data.
(c) Links to all of the following for the public university:
(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 of the
public university.
(iii) Audits and financial reports for the most recent fiscal year for which
they are available.
(iv) Campus security policies and crime statistics pursuant to the student
right-to-know and campus security act, Public Law 101-542, 104 Stat. 2381. Information
shall include all material prepared pursuant to the public information reporting
requirements under the crime awareness and campus security act of 1990, title II of
the student right-to-know and campus security act, Public Law 101-542, 104 Stat. 2381.
(d) THE NUMBER OF ACTIVE EMPLOYEES SORTED BY JOB CLASSIFICATION AND MAJOR
ADMINISTRATIVE UNIT.
(E) GENERAL FUND REVENUE AND EXPENDITURE PROJECTIONS FOR FISCAL YEAR 2013-2014
AND FISCAL YEAR 2014-2015.
(F) A LISTING OF ALL DEBT SERVICE OBLIGATIONS, DETAILED BY PROJECT, anticipated
FISCAL YEAR 2013-2014 PAYMENT for each project, AND TOTAL outstanding debt.
(2) A public university shall provide a dashboard or report card demonstrating
the university’s performance in several "best practice" measures. The dashboard or
report card shall include at least all of the following for the 3 most recent academic
years for which the data are available:
(a) Enrollment.
(b) Student retention rate.
(c) Six-year graduation rates.
(d) Number of TOTAL Pell grant recipients AND GRADUATING PELL GRANT RECIPIENTS.
(e) Geographic origination of students, categorized as in-state, out-of-state,
and international.
(f) Faculty to student ratios and total university employee to student ratios.
(g) Teaching load by faculty classification.
(h) Graduation outcome rates, including employment and continuing education.
(3) For statewide consistency and public visibility, public universities must
use the icon badge provided by the department of technology, management, and budget
consistent with the icon badge developed by the department of education for K-12
school districts. It must appear on the front of each public university’s homepage.
The size of the icon may be reduced to 150 x 150 pixels. The font size and style for
this reporting must be consistent with other documents on each university’s website.
(4) The state budget director MAY determine whether a public university has
complied with this section. The state budget director may withhold a public
university’s monthly installments described in section 241 until the public university
complies with this section.
Sec. 246. (1) The funds appropriated in section 236(4) for Michigan public
school employees’ retirement system reimbursement shall be allocated to each
participating public university under this section based on each participating public
university’s total retiree health care premiums paid for Michigan public school
employees’ retirement system retirants in proportion to the total retiree health care
premiums paid for Michigan public school employees’ retirement system retirants for
all participating public universities for the immediately preceding state fiscal year.
Payments shall be made in a form and manner determined by the office of retirement
services. A public university that receives money under this section shall use that
money solely for the purpose of offsetting a portion of the retirement contributions
owed by the university.
(2) As used in this section, "participating public university" means a public
university that is a reporting unit of the Michigan public school employees’
retirement system under the public school employees retirement act of 1979, 1980 PA
300, MCL 38.1301 to 38.1408, and that pays retiree health care premiums to the
Michigan public school employees’ retirement system for the state fiscal year.
Sec. 251. (1) Payments of the amounts included in section 236 for the state
competitive scholarship program shall be distributed pursuant to 1964 PA 208, MCL
390.971 to 390.981.
(2) Pursuant to section 6 of 1964 PA 208, MCL 390.976, the department of
treasury shall determine an actual maximum state competitive scholarship award per
student, which shall be not less than $575.00, that ensures that the aggregate
payments for the state competitive scholarship program do not exceed the appropriation
contained in section 236 for the state competitive scholarship program. If the
department determines that insufficient funds are available to establish a maximum
award amount equal to at least $575.00, the department shall immediately report to the
house and senate appropriations subcommittees on higher education, the house and
senate fiscal agencies, and the state budget director regarding the estimated amount
of additional funds necessary to establish a $575.00 maximum award amount.
(3) The department of treasury shall implement a proportional competitive
scholarship maximum award level for recipients enrolled less than full-time in a given
semester or term.
(4) If a student who receives an award under this section has his or her
tuition and fees paid under the Michigan educational trust program, pursuant to the
Michigan education trust act, 1986 PA 316, MCL 390.1421 to 390.1442, and still has
financial need, the funds awarded under this section may be used for educational
expenses other than tuition and fees.
(5) If the department of treasury increases the maximum award per eligible
student from that provided in the previous fiscal year, it shall not have the effect
of reducing the number of eligible students receiving awards in relation to the total
number of eligible applicants. Any increase in the maximum grant shall be proportional
for all eligible students receiving awards.
(6) Veterans administration benefits shall not be considered in determining
eligibility for the award of scholarships under 1964 PA 208, MCL 390.971 to 390.981.
Sec. 252. (1) The amounts appropriated in section 236 for the state tuition
grant program shall be distributed pursuant to 1966 PA 313, MCL 390.991 to 390.997a.
(2) Tuition grant awards shall be made to all eligible Michigan residents
enrolled in undergraduate degree programs who apply before MARCH 1 OF EACH YEAR and
who are qualified.
(3) Pursuant to section 5 of 1966 PA 313, MCL 390.995, and subject to
subsection (6), the department of treasury shall determine an actual maximum tuition
grant award per student, which shall be no less than $1,512.00, that ensures that the
aggregate payments for the tuition grant program do not exceed the appropriation
contained in section 236 for the state tuition grant program. If the department
determines that insufficient funds are available to establish a maximum award amount
equal to at least $1,512.00, the department shall immediately report to the house and
senate appropriations subcommittees on higher education, the house and senate fiscal
agencies, and the state budget director regarding the estimated amount of additional
funds necessary to establish a $1,512.00 maximum award amount. If the department
determines that sufficient funds are available to establish a maximum award amount
equal to at least $1,512.00, the department shall immediately report to the house and
senate appropriations subcommittees on higher education, the house and senate fiscal
agencies, and the state budget director regarding the maximum award amount
established. By December 15, and again by February 18 OF EACH FISCAL YEAR, the
department shall analyze the status of award commitments, shall make any necessary
adjustments, and shall confirm that those award commitments will not exceed the
appropriation contained in section 236 for the tuition grant program. The
determination and actions shall be reported to the state budget director and the house
and senate fiscal agencies no later than the final day of February of each year. If
award adjustments are necessary, the students shall be notified of the adjustment by
March 4 of each year.
(4) The department of treasury shall continue a proportional tuition grant
maximum award level for recipients enrolled less than full-time in a given semester or
term.
(5) If the department of treasury increases the maximum award per eligible
student from that provided in the previous fiscal year, it shall not have the effect
of reducing the number of eligible students receiving awards in relation to the total
number of eligible applicants. Any increase in the maximum grant shall be proportional
for all eligible students receiving awards for THAT fiscal year.
(6) The department of treasury shall not award more than $3,000,000.00 in
tuition grants to eligible students enrolled in the same independent nonprofit college
or university in this state. Any decrease in the maximum grant shall be proportional
for all eligible students enrolled in that college or university, as determined by the
department.
(7) THE DEPARTMENT OF TREASURY SHALL NOT AWARD TUITION GRANTS TO ELIGIBLE
STUDENTS ENROLLED IN an independent college or university that does not MEET THE
FOLLOWING REQUIREMENTS IN A MANNER SATISFACTORY TO THE DEPARTMENT OF TREASURY:
(A) THE INDEPENDENT COLLEGE OR UNIVERSITY must submit AS DIRECTED BY THE
DEPARTMENT OF TREASURY by June 30 of each year the annual P-20 longitudinal data
system data sets to the center for educational performance and information, AS
VERIFIED BY THE CENTER.
(B) THE INDEPENDENT COLLEGE OR UNIVERSITY must report in a form and manner as
directed by the department of treasury by August 31 OF EACH YEAR the following:
(i) The number of students in the most recently completed academic year that
received state tuition grants and successfully completed a program or graduated.
(II) the number of students in the most recently completed academic year that
received state tuition GRANTS and took remedial education classes.
(III) the number of students in the most recently completed academic year that
received Pell GrantS and successfully completed a program or graduated.
Sec. 253. The auditor general may audit selected enrollments, degrees, and
awards at selected independent colleges and universities receiving awards that are
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. 254. The sums appropriated in section 236 for the state competitive
scholarship, tuition incentive, and tuition grant programs shall be paid out of the
state treasury and shall be distributed to the respective institutions under a
quarterly payment system as follows: 50% shall be paid at the beginning of the state’s
first fiscal quarter, 30% during the state’s second fiscal quarter, 10% during the
state’s third fiscal quarter, and 10% during the state’s fourth fiscal quarter.
Sec. 255. The department of treasury shall determine the needs analysis
criteria for students to qualify for the state competitive scholarship program and
tuition grant program. To be consistent with federal requirements, the department of
treasury may take student wages into consideration when determining the amount of the
award.
SEC. 256A. The funds appropriated in section 236 for the tuition incentive
program shall be distributed as provided in THE TUITION INCENTIVE PROGRAM ACT, 2013 PA
XXX, and pursuant to the administrative procedures of the department of treasury FOR
THAT ACT.
Sec. 257. 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 future fiscal years.
Sec. 258. By February 15 of each year, the department of treasury shall POST TO
ITS PUBLICLY AVAILABLE WEBSITE a report for the preceding fiscal year on all student
financial aid programs for which funds are appropriated in section 236. For each
student financial aid program, the report shall include, but is not limited to, the
total number of awards paid in the preceding fiscal year, the total dollar amount of
those awards, and the number of students receiving awards and the total amount of
those awards at each eligible postsecondary institution. To the extent information is
available, the report shall also include information on household income and other
demographic characteristics of students receiving awards under each program and
historical information on the number of awards and total award amounts for each
program.
SEC. 259. THE FUNDS APPROPRIATED IN SECTION 236 FOR THE COLLEGE ACCESS PROGRAM
SHALL BE USED FOR EFFORTS TO SUPPORT COLLEGE ACCESS. THE DEPARTMENT OF TREASURY SHALL
ADMINISTER THIS FUNDING. ALLOWABLE USES INCLUDE THE FOLLOWING:
(A) MICHIGAN COLLEGE ACCESS NETWORK OPERATIONS, PROGRAMMING, AND SERVICES TO
LOCAL COLLEGE ACCESS NETWORKS.
(B) LOCAL COLLEGE ACCESS NETWORKS, WHICH ARE COMMUNITY-BASED COLLEGE
ACCESS/SUCCESS PARTNERSHIPS COMMITTED TO INCREASING THE COLLEGE PARTICIPATION AND
COMPLETION RATES WITHIN GEOGRAPHICALLY DEFINED COMMUNITIES THROUGH A COORDINATED
STRATEGY.
(C) MICHIGAN COLLEGE ACCESS PORTAL, AN ONLINE ONE-STOP PORTAL TO HELP STUDENTS
AND FAMILIES PLAN AND APPLY FOR COLLEGE.
(D) PUBLIC AWARENESS AND OUTREACH CAMPAIGNS TO ENCOURAGE LOW-INCOME AND FIRST-
GENERATION STUDENTS TO TAKE NECESSARY STEPS TOWARD COLLEGE AND TO ASSIST STUDENTS AND
FAMILIES IN COMPLETING A TIMELY AND ACCURATE FREE APPLICATION FOR FEDERAL STUDENT AID.
(E) SUBGRANTS TO POSTSECONDARY INSTITUTIONS TO RECRUIT, HIRE, AND TRAIN COLLEGE
STUDENT MENTORS AND COLLEGE ADVISORS TO ASSIST HIGH SCHOOL STUDENTS IN NAVIGATING THE
POSTSECONDARY PLANNING AND ENROLLMENT PROCESS.
Sec. 263. (1) Included in the FISCAL YEAR 2013-2014 and fiscal year 2014-2015
appropriation in section 236 for MSU AgBioResearch and MSU extension activities is
$5,628,100.00 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. 263a. (1) Not later than September 30 OF EACH YEAR, Michigan State
University shall submit a report ON MSU AGBIORESEARCH AND MSU EXTENSION to the house
and senate appropriations subcommittees on agriculture and on higher education, the
house and senate standing committees on agriculture, the house and senate fiscal
agencies, and the state budget director for the preceding school fiscal year.
(2) THE REPORT REQUIRED UNDER SUBSECTION (1) SHALL INCLUDE ALL OF THE
FOLLOWING:
(a) Total funds expended by MSU AgBioResearch and by MSU extension service
identified by state, local, private, federal, and university fund sources.
(b) The metric goals that were used to evaluate the impacts of programs
operated by MSU extension and MSU AgBioResearch. at least THE following metric goals
will be used to evaluate the impacts of those programs:
(i) Increasing the number of agriculture and food-related firms collaborating
with and using services of research and extension faculty and staff by 3% per year.
(ii) Increasing the number of individuals utilizing MSU extension’s educational
services by 5% per year.
(iii) Increasing external funds generated in support of research and extension,
beyond state appropriations, by 10% over the amounts generated in the past 3 state
fiscal years.
(iv) Increasing the sector’s total economic impact from today’s
$71,000,000,000.00 to $100,000,000,000.00.
(v) Doubling Michigan’s agricultural exports from $1,750,000,000.00 to
$3,500,000,000.00.
(vi) Increasing jobs in the food and agriculture sector by 10%.
(vii) Improving access by Michigan consumers to healthy foods by 20%.
(c) A review of major programs within both MSU AgBioResearch and MSU extension
with specific reference to accomplishments, impacts, and the metrics described in
subdivision (b), including a specific accounting of Project GREEEN expenditures and
the impact of those expenditures.
Sec. 264. Included in the appropriation in section 236 FOR FISCAL YEAR 2013-
2014 and fiscal year 2014-2015 for Michigan State University is $80,000.00 for the
Michigan future farmers of America association. This $80,000.00 allocation shall not
supplant any existing support that Michigan State University provides to the Michigan
future farmers of America association.
Sec. 265. (1) Payments from the amount appropriated in section 236(3) for
public university tuition restraint incentives shall only be made to a public
university that certifies to the state budget director by August 31, 2013 that its
board did not adopt an increase in tuition and fee rates for resident undergraduate
students after September 1, 2012 for the 2012-2013 academic year and that its board
will not adopt an increase in tuition and fee rates for resident undergraduate
students for the 2013-2014 academic year OF 4.00% OR HIGHER. As used in this SECTION:
(a) "FEE" means any board-authorized fee that will be paid by more than 1/2 of
all resident undergraduate students at least once during their enrollment at a public
university. A university increasing a fee that applies to a specific subset of
students or courses shall provide sufficient information to prove that the increase
applied to that subset will not cause the increase in the average amount of board-
authorized total tuition and fees paid by resident undergraduate students in the 2013-
2014 academic year to exceed the limit established in this subsection.
(b) "Tuition and fee rate" means the average of full-time rates for all
undergraduate classes, based on an average of the rates authorized by the university
board and actually charged to students, deducting any uniformly-rebated or refunded
amounts, for the 2 semesters with the highest levels of full-time equated resident
undergraduate enrollment during the academic year.
(2) For purposes of section 236(3), each public university’s allocation for
tuition restraint incentive shall be determined as follows:
(a) Calculate an adjustment for each university by subtracting each
university’s reported percent change in tuition and fee rates for academic year 2013-
2014 from 4.00%. If the result of the calculation in this subdivision is less than OR
EQUAL TO ZERO, the university is not qualified to receive an allocation under this
section. All calculations under this subdivision shall be rounded to the SECOND
decimal place.
(b) For each qualified university, divide the university’s adjustment as
calculated under subdivision (a) by the sum of all adjustments for qualifying
universities under subdivision (a) and then multiply the resulting calculation for
each university by the total amount available for tuition restraint incentive funding,
rounded to the nearest hundred dollars.
(3) The state budget director shall implement uniform reporting requirements to
ensure that a public university receiving an appropriation under section 236(3) has
satisfied the tuition restraint requirements of this section. The state budget
director shall have the sole authority to determine if a public university has met the
requirements of this section. Information reported by a public university to the state
budget director under this subsection shall also be reported to the house and senate
appropriations subcommittees on higher education and the house and senate fiscal
agencies.
Sec. 265a. (1) Appropriations to public universities in section 236 for
performance funding shall be paid only to a public university that CERTIFIES TO THE
STATE BUDGET DIRECTOR BY AUGUST 31, 2013 THAT IT complies with all of the following
requirements:
(a) The university PARTICIPATES in reverse transfer agreements described in
section 286 with at least 3 Michigan community colleges or HAS made a good-faith
effort to enter into reverse transfer agreements.
(b) The university DOES NOT AND will not consider whether dual enrollment
credits earned by an incoming student were utilized towards his or her high school
graduation requirements when making a determination as to whether those credits may be
used by the student toward completion of a university degree or certificate program.
(c) The university participates in the Michigan transfer network created as
part of the Michigan association of collegiate registrars and admissions officers
transfer agreement.
(2) Any performance funding amounts under section 236 FOR FISCAL YEAR 2013-2014
that are not paid to a public university because it did not comply with 1 or more
requirements under subsection (1) are unappropriated and reappropriated for tuition
restraint funding described in section 265. THE STATE BUDGET DIRECTOR SHALL ISSUE
UNIFORM REPORTING REQUIREMENTS FOR IMPLEMENTING THIS SECTION.
(3) PERFORMANCE FUNDING AMOUNTS DETAILED IN SECTION 236 ARE DISTRIBUTED BASED
ON THE FOLLOWING FORMULA:
(A) BASED ON WEIGHTED UNDERGRADUATE COMPLETIONS IN CRITICAL SKILLS AREAS,
16.67%.
(B) BASED ON RESEARCH AND DEVELOPMENT EXPENDITURES, FOR UNIVERSITIES RANKED IN
CARNEGIE CLASSIFICATIONS AS DOCTORAL/RESEARCH UNIVERSITIES, RESEARCH UNIVERSITIES
(HIGH RESEARCH ACTIVITY), OR RESEARCH UNIVERSITIES (VERY HIGH RESEARCH ACTIVITY) ONLY,
8.33%.
(C) BASED ON SIX-YEAR GRADUATION RATE, SCORED AGAINST NATIONAL CARNEGIE
CLASSIFICATION PEERS, 16.67%.
(D) BASED ON TOTAL DEGREE COMPLETIONS, SCORED AGAINST NATIONAL CARNEGIE
CLASSIFICATION PEERS, 16.67%.
(E) BASED ON INSTITUTIONAL SUPPORT AS A PERCENTAGE OF CORE EXPENDITURES, SCORED
AGAINST NATIONAL CARNEGIE CLASSIFICATION PEERS, 16.67%.
(F) BASED ON TUITION RESTRAINT, TO BE DISTRIBUTED AS DESCRIBED IN SECTION 265,
25%.
(6) FOR PURPOSES OF THIS SECTION, "CARNEGIE CLASSIFICATION" SHALL MEAN THE
BASIC CLASSIFICATION OF THE UNIVERSITY ACCORDING TO THE MOST RECENT VERSION OF THE
CARNEGIE CLASSIFICATION OF INSTITUTIONS OF HIGHER EDUCATION, PUBLISHED BY THE CARNEGIE
FOUNDATION FOR THE ADVANCEMENT OF TEACHING.
Sec. 267. All public universities shall submit the amount of tuition and fees
actually charged to a full-time resident undergraduate student for academic year 2013-
2014 as part of their higher education institutional data inventory (HEIDI) data by
August 31, 2013. A public university shall report any revisions for any semester of
the reported academic year 2013-2014 tuition and fee charges to HEIDI within 15 days
of being adopted.
Sec. 269. For fiscal year 2013-2014 and fiscal year 2014-2015, from the amount
appropriated in section 236 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. 270. For fiscal year 2013-2014 and fiscal year 2014-2015, from the amount
appropriated in section 236 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. 275. (1) EACH public university receiving an appropriation in section 236
IS ENCOURAGED TO do all of the following:
(a) Meet the provisions of section 5003 of the post-911 veterans educational
assistance act of 2008, 38 USC 3301 to 3324, including voluntary participation in the
yellow ribbon GI education enhancement program established in that act in 38 USC 3317.
(b) Establish an on-campus veterans’ liaison to provide information and
assistance to all student veterans.
(c) Provide flexible enrollment application deadlines for all veterans.
(d) Include in its admission application process a specific question as to
whether an applicant for admission is a veteran, an active member of the military, a
member of the national guard or military reserves, or the spouse or dependent of a
veteran, active member of the military, or member of the national guard or military
reserves, in order to more quickly identify potential educational assistance available
to that applicant.
(2) As used in this section, "veteran" means an honorably discharged veteran
entitled to educational assistance under the provisions of section 5003 of the post-
911 veterans educational assistance act of 2008, 38 USC 3301 to 3324.
Sec. 276. (1) Included in the appropriation for each public university in
section 236 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 236 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 workforce development agency. The workforce development agency shall
use a good faith effort standard to evaluate whether a fellowship is in default.
Sec. 277. (1) Included in the appropriation for each public university in
section 236 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. Public universities 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 236 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 workforce development agency.
Sec. 278. (1) Included in section 236 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 1 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
workforce development agency.
Sec. 279. (1) Included in section 236 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 1
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
workforce development agency.
Sec. 280. (1) Included in the appropriation for each public university in
section 236 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
workforce development agency.
Sec. 281. (1) Included in the appropriation in section 236 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 workforce
development agency.
(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. 282. Each institution receiving funds under section 278, 279, or 281 shall
notify the workforce development agency by April 15, 2014 as to whether it will expend
by the end of its fiscal year the funds received under section 278, 279, or 281.
Notwithstanding the award limitations in sections 278 and 279, the amount of funding
reported as not being expended will be reallocated to the institutions that intend to
expend all funding received under section 278, 279, or 281. FUNDS REMAINING AFTER
REALLOCATION UNDER THIS SECTION MAY BE USED BY THE WORKFORCE DEVELOPMENT AGENCY FOR
ADMINISTRATION OF THE MARTIN LUTHER KING, JR. - CESAR CHAVEZ - ROSA PARKS PROGRAMS.
Sec. 283. (1) From the amount appropriated in section 236, 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. Public universities shall also work with the center
for educational performance and information to design and implement a systematic
approach for accomplishing this task.
(2) 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. 284. From the amount appropriated in section 236, 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. Public universities shall also work with the center for educational
performance and information to design and implement a systematic approach for
accomplishing this task.
Sec. 285. Public universities ARE ENCOURAGED TO work with the state community
colleges to encourage the transfer of students from the community colleges to the
public universities and to facilitate the transfer of credits from the community
colleges to those public universities.
Sec. 286. PUBLIC universities ARE ENCOURAGED TO work with community colleges in
the state to implement statewide reverse transfer agreements to increase the number of
students that are awarded credentials of value upon completion of the necessary
credits. THESE statewide agreements shall enable students who have earned a
significant number of credits at a community college and transfer to a baccalaureate
granting institution before completing a degree to transfer the credits earned at the
baccalaureate institution back to the community college in order to be awarded a
credential of value.
Sec. 289. (1) The auditor general shall PERIODICALLY AUDIT higher education
institutional data inventory (HEIDI) data submitted by all public universities under
section 241 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 of each year AN AUDIT TAKES PLACE.
(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) "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. 291. The auditor general may conduct performance audits of public
universities receiving funds in section 236 as the auditor general considers
necessary.
Sec. 293a. IN ADDITION TO THE FUNDS APPROPRIATED FOR FISCAL YEAR 2013-2014 IN
SECTION 236 OF THIS ARTICLE, APPROPRIATIONS TO THE DEPARTMENT OF TECHNOLOGY,
MANAGEMENT AND BUDGET FOR STATE BUILDING AUTHORITY RENT PROVIDE FUNDING FOR THE STATE
SHARE OF COSTS FOR PREVIOUSLY CONSTRUCTED CAPITAL PROJECTS FOR STATE UNIVERSITIES.
These appropriations for state building authority rent represent additional state
general fund support provided to public universities, and the following is an estimate
of the amount of that support to each university:
(a) Central Michigan University, $9,155,600.00.
(b) Eastern Michigan University, $5,234,800.00.
(c) Ferris State University, $6,360,600.00.
(d) Grand Valley State University, $4,277,000.00.
(e) Lake Superior State University, $915,600.00.
(f) Michigan State University, $16,194,400.00.
(g) Michigan Technological University, $7,692,200.00.
(h) Northern Michigan University, $8,062,600.00.
(i) Oakland University, $10,791,500.00.
(j) Saginaw Valley State University, $9,833,700.00.
(k) University of Michigan - Ann Arbor, $9,212,000.00.
(l) University of Michigan - Dearborn, $6,332,400.00.
(m) University of Michigan - Flint, $2,871,400.00.
(n) Wayne State University, $13,079,500.00.
(o) Western Michigan University, $15,357,300.00.
SEC. 293b: SECTIONS 236 THROUGH 293a OF THIS ARTICLE ARE REPEALED EFFECTIVE AT
11:59 PM, SEPTEMBER 30, 2014.
ARTICLE IV
SUMMARY OF APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
SEC. 298. (1) SUBJECT TO THE CONDITIONS SET FORTH IN THIS ACT, THE AMOUNTS
LISTED IN THIS SECTION FOR THE PUBLIC SCHOOLS, INTERMEDIATE SCHOOL DISTRICTS,
COMMUNITY COLLEGES AND PUBLIC UNIVERSITIES OF THIS STATE, AND CERTAIN OTHER STATE
PURPOSES RELATING TO EDUCATION ARE A SUMMARY OF APPROPRIATIONS CONTAINED IN THIS ACT
FOR FISCAL YEAR ENDING SEPTEMBER 30, 2014, AND ANTICIPATED APPROPRIATIONS FOR THE
FISCAL YEAR ENDING SEPTEMBER 30, 2015, FROM THE FUNDS INDICATED IN THIS ACT:
(2) SUMMARY OF EDUCATION OMNIBUS APPROPRIATIONS
GROSS APPROPRIATION..................................... $ 15,001,785,900 $
15,273,426,900
TOTAL INTERDEPARTMENTAL GRANTS AND
INTRADEPARTMENTAL TRANSFERS........................... 0 0
ADJUSTED GROSS APPROPRIATION............................ $ 15,001,785,900 $ 15,273,426,900
TOTAL FEDERAL REVENUES.................................. 1,861,447,700 1,861,447,700
TOTAL LOCAL REVENUES.................................... 0 0
TOTAL PRIVATE REVENUES.................................. 0 0
TOTAL OTHER STATE RESTRICTED REVENUES................... 11,638,993,300 11,891,334,300
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 1,501,344,900 $ 1,520,644,900
SEC. 298A. (1) SUMMARY OF APPROPRIATIONS FOR SCHOOL AID (ARTICLE I)
APPROPRIATION SUMMARY
GROSS APPROPRIATION..................................... $ 13,235,234,800 $ 13,490,575,800
TOTAL INTERDEPARTMENTAL GRANTS AND
INTRADEPARTMENTAL TRANSFERS........................... 0 0
ADJUSTED GROSS APPROPRIATION............................ $ 13,235,234,800 13,490,575,800
TOTAL FEDERAL REVENUES.................................. 1,764,421,300 1,764,421,300
TOTAL LOCAL REVENUES.................................... 0 0
TOTAL PRIVATE REVENUES.................................. 0 0
TOTAL
OTHER STATE RESTRICTED REVENUES................... 11,240,813,500 11 ,493,154,500
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 230,000,000 $ 233,000,000
(2) BASIC OPERATIONS
BASIC OPERATIONS........................................ $ 9,573,440,000 $ 9,747,340,000
GROSS APPROPRIATION..................................... $ 9,573,440,000 $ 9,747,340,000
APPROPRIATED FROM:
STATE RESTRICTED REVENUES............................... 9,367,562,600 9,533,462,600
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 205,877,400 $ 213,877,400
SCHEDULE OF PROGRAMS:
PROPOSAL A OBLIGATION PAYMENT....................... 5,558,000,000 5,464,000,000
DISCRETIONARY PAYMENT............................... 3,304,000,000 3,383,000,000
FOUNDATION EQUITY PAYMENT........................... 24,000,000 0
ISD GENERAL OPERATIONS.............................. 64,115,000 64,115,000
BEST PRACTICES GRANTS............................... 25,000,000 0
DISTRICT PERFORMANCE FUNDING........................ 30,000,000 30,000,000
COMPETITIVE STUDENT-CENTRIC LEARNING GRANTS......... 8,000,000 0
MICHIGAN PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM..
COST OFFSET....................................... 155,000,000 155,000,000
MICHIGAN PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM..
REFORM COSTS...................................... 403,300,000 649,200,000
ISOLATED DISTRICT FUNDING........................... 2,025,000 2,025,000
(3) SPECIAL EDUCATION
SPECIAL EDUCATION....................................... $ 1,424,569,100 $ 1,448,869,100
GROSS APPROPRIATION..................................... $ 1,424,569,100 $ 1,448,869,100
APPROPRIATED FROM:
FEDERAL REVENUES........................................ 444,000,000 444,000,000
STATE RESTRICTED REVENUES............................... 980,569,100 1,004,869,100
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 0 $ 0
SCHEDULE OF PROGRAMS:
SPECIAL EDUCATION HEADLEE OBLIGATION................ 662,500,000 682,000,000
SPECIAL EDUCATION FOUNDATIONS....................... 258,300,000 263,000,000
SPECIAL EDUCATION HOLD HARMLESS PAYMENT............. 1,000,000 1,000,000
SPECIAL EDUCATION NON-SEC. 52 PAYMENT............... 4,500,000 4,600,000
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.................. 444,000,000 444,000,000
(4) SUPPORT SERVICES
SUPPORT SERVICES........................................ $ 1,180,865,800 $ 1,180,865,800
GROSS APPROPRIATION..................................... $ 1,180,865,800 $ 1,180,865,800
APPROPRIATED FROM:
FEDERAL REVENUES........................................ 848,777,800 848,777,800
STATE RESTRICTED REVENUES............................... 332,088,000 332,088,000
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 0 $ 0
SCHEDULE OF PROGRAMS:
COURT-PLACED CHILDREN............................... 8,000,000 8,000,000
JUVENILE DETENTION FACILITIES....................... 2,167,500 2,167,500
YOUTH CHALLENGE PROGRAM............................. 1,500,000 1,500,000
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
MATH AND SCIENCE CENTERS............................ 7,974,300 7,974,300
FEDERAL PROGRAMS.................................... 843,528,500 843,528,500
(5) SCHOOL MEAL PROGRAMS
SCHOOL MEAL PROGRAMS.................................... $ 491,320,100 $ 491,320,100
GROSS APPROPRIATION..................................... $ 491,320,100 $ 491,320,100
APPROPRIATED FROM:
FEDERAL REVENUES........................................ 463,200,000 463,200,000
STATE RESTRICTED REVENUES............................... 28,120,100 28,120,100
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 0 $ 0
SCHEDULE OF PROGRAMS:
SCHOOL LUNCH........................................ 485,695,100 485,695,100
SCHOOL BREAKFAST.................................... 5,625,000 5,625,000
(6) EARLY CHILDHOOD EDUCATION
EARLY CHILDHOOD EDUCATION............................... $ 185,475,000 $ 250,475,000
GROSS APPROPRIATION..................................... $ 185,475,000 $ 250,475,000
APPROPRIATED FROM:
STATE RESTRICTED REVENUES............................... 185,175,000 250,175,000
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 300,000 $ 300,000
SCHEDULE OF PROGRAMS:
GREAT START READINESS PROGRAM......................... 174,575,000 239,575,000
GREAT START EARLY CHILDHOOD BLOCK GRANTS.............. 10,900,000 10,900,000
(7) STUDENT ASSESSMENT AND ACCOUNTABILITY
STUDENT ASSESSMENT AND ACCOUNTABILITY................... $ 83,073,500 $ 83,073,500
GROSS APPROPRIATION..................................... $ 83,073,500 $ 83,073,500
APPROPRIATED FROM:
FEDERAL REVENUES........................................ 8,443,500 8,443,500
STATE RESTRICTED REVENUES............................... 65,194,900 65,194,900
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 9,435,100 $ 9,435,100
SCHEDULE OF PROGRAMS:
PRINCIPAL EDUCATOR EVALUATION TRAINING.............. 500,000 500,000
CENTER FOR EDUCATIONAL PERFORMANCE AND INFORMATION.. 9,628,600 9,628,600
STUDENT ASSESSMENTS................................. 34,944,400 34,944,400
DATA COLLECTION AND REPORTING COSTS................. 38,000,500 38,000,500
(8) TECHNOLOGY INITIATIVES
TECHNOLOGY INITIATIVES.................................. $ 27,887,500 $ 9,387,500
GROSS APPROPRIATION..................................... $ 27,887,500 $ 9,387,500
APPROPRIATED FROM:
STATE RESTRICTED REVENUES............................... 13,500,000 0
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 14,387,500 $ 9,387,500
SCHEDULE OF PROGRAMS:
MICHIGAN VIRTUAL HIGH SCHOOL........................ 14,387,500 9,387,500
TECHNOLOGY INFRASTRUCTURE IMPROVEMENT GRANTS........ 13,500,000 0
(9) CAREER PREPARATION AND VOCATIONAL EDUCATION
CAREER PREPARATION AND VOCATIONAL EDUCATION............. $ 35,611,300 $ 35,611,300
GROSS APPROPRIATION..................................... $ 35,611,300 $ 35,611,300
APPROPRIATED FROM:
STATE RESTRICTED REVENUES............................... 35,611,300 35,611,300
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 0 $ 0
SCHEDULE OF PROGRAMS:
VOCATIONAL EDUCATION................................ 26,611,300 26,611,300
VOCATIONAL EDUCATION MILLAGE REIMBURSEMENT.......... 9,000,000 9,000,000
(10) ADULT EDUCATION
ADULT EDUCATION......................................... $ 22,000,000 $ 22,000,000
GROSS APPROPRIATION..................................... $ 22,000,000 $ 22,000,000
APPROPRIATED FROM:
STATE RESTRICTED REVENUES............................... 22,000,000 22,000,000
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 0 $ 0
SCHEDULE OF PROGRAMS:
ADULT EDUCATION..................................... 22,000,000 22,000,000
(11) TRANSPORTATION SAFETY
TRANSPORTATION SAFETY................................... $ 3,299,000 $ 3,299,000
GROSS APPROPRIATION..................................... $ 3,299,000 $ 3,299,000
APPROPRIATED FROM:
STATE RESTRICTED REVENUES............................... 3,299,000 3,299,000
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 0 $ 0
SCHEDULE OF PROGRAMS:
BUS DRIVER SAFETY................................... 1,625,000 1,625,000
SCHOOL BUS INSPECTIONS.............................. 1,674,000 1,674,000
(12) DEBT SERVICE AND OTHER REQUIRED PAYMENTS
DEBT SERVICE AND OTHER REQUIRED PAYMENTS................ $ 207,693,500 $ 218,334,500
GROSS APPROPRIATION..................................... $ 207,693,500 $ 218,334,500
APPROPRIATED FROM:
STATE RESTRICTED REVENUES............................... 207,693,500 218,334,500
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 0 $ 0
SCHEDULE OF PROGRAMS:
DEBT SERVICE ON NON-DURANT DISTRICT BONDS............ 39,500,000 39,500,000
SCHOOL BOND LOAN REDEMPTION FUND..................... 131,660,000 139,900,000
SCHOOL AID FUND BORROWING COSTS...................... 6,000,000 8,000,000
RENAISSANCE ZONE REIMBURSEMENT....................... 26,300,000 26,300,000
PAYMENT IN LIEU OF TAXES REIMBURSEMENT............... 4,009,500 4,410,500
PROMISE ZONE PAYMENTS................................ 224,000 224,000
SEC. 298B. SUMMARY OF APPROPRIATIONS FOR COMMUNITY COLLEGES (ARTICLE II)
APPROPRIATION SUMMARY
GROSS APPROPRIATION..................................... $ 335,977,600 $ 352,277,600
TOTAL INTERDEPARTMENTAL GRANTS AND
INTRADEPARTMENTAL TRANSFERS........................... 0 0
ADJUSTED GROSS APPROPRIATION............................ $ 335,977,600 $ 352,277,600
TOTAL FEDERAL REVENUES.................................. 0 0
TOTAL LOCAL REVENUES.................................... 0 0
TOTAL PRIVATE REVENUES.................................. 0 0
TOTAL OTHER STATE RESTRICTED REVENUES................... 197,614,100 197,614,100
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 138,363,500 $ 154,663,500
SEC. 298C. SUMMARY OF APPROPRIATIONS FOR HIGHER EDUCATION (ARTICLE III)
APPROPRIATION SUMMARY
GROSS APPROPRIATION..................................... $ 1,430,573,500 $ 1,430,573,500
TOTAL INTERDEPARTMENTAL GRANTS AND
INTRADEPARTMENTAL TRANSFERS........................... 0 0
ADJUSTED GROSS APPROPRIATION............................ $ 1,430,573,500 $ 1,430,573,500
TOTAL FEDERAL REVENUES.................................. 97,026,400 97,026,400
TOTAL LOCAL REVENUES.................................... 0 0
TOTAL PRIVATE REVENUES.................................. 0 0
TOTAL OTHER STATE RESTRICTED REVENUES................... 200,565,700 200,565,700
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 1,132,981,400 $ 1,132,981,400
Enacting section 1. (1) In accordance with section 30 of article I of the state
constitution of 1963, total state spending on school aid under article I as amended by
this amendatory act from state sources for fiscal year 2013-2014 is estimated at
$11,470,813,500.00 and state appropriations for school aid to be paid to local units
of government for fiscal year 2013-2014 are estimated at $11,309,030,900.00; and total
state spending on school aid under article I as amended by this amendatory act from
state sources for fiscal year 2014-2015 is estimated at $11,726,154,500.00 and state
appropriations for school aid to be paid to local units of government for fiscal year
2014-2015 are estimated at $11,559,131,900.00.
(2) In accordance with section 30 of article IX of the state constitution of
1963, total state spending from state sources for community colleges for fiscal year
2013-2014 under article II as amended by this amendatory act is estimated at
$335,977,600.00 and the amount of that state spending from state sources to be paid to
local units of government for fiscal year 2013-2014 is estimated at $335,977,600.00;
and total state spending from state sources for community colleges for fiscal year
2014-2015 under article II as amended by this amendatory act is estimated at
$352,277,600.00 and the amount of that state spending from state sources to be paid to
local units of government for fiscal year 2014-2015 is estimated at $352,277,600.00.
(3) In accordance with section 30 of article IX of the state constitution of
1963, total state spending from state sources for higher education for fiscal year
2013-2014 under article III as amended by this amendatory act is estimated at
$1,333,547,100.00 and the amount of that state spending from state sources to be paid
to local units of government for fiscal year 2013-2014 is estimated at $0; and total
state spending from state sources for higher education for fiscal year 2014-2015 under
article III as amended by this amendatory act is estimated at $1,333,547,100.00 and
the amount of that state spending from state sources to be paid to local units of
government for fiscal year 2014-2015 is estimated at $0.
Enacting Section 2. (1) Sections 11q, 11t, 11u, 12, 22g, 22h, 25d, 32g, 32l,
93, 101a and 166 of the state school aid act of 1979, 1979 PA 94, MCL 388.1611q,
388.1611t, 388.1611u, 388.1612, 388.1622g, 388.1622h, 388.1625d, 388.1632g, 388.1632l,
388.1693, 388.1701a, and 388.1766 are repealed effective October 1, 2013.
(2) All sections contained in Article II and Article III of the state school
aid act of 1979, 1979 PA 94, MCL 388.1801 to 388.1893a, as in effect for fiscal year
2012-2013, are repealed effective at 11:59 PM, September 30, 2013.
