Bill Text: MI SB0619 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Education; public school academies; certain requirements and limitations on authorizing cyber schools; revise. Amends sec. 552 of 1976 PA 451 (MCL 380.552).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2012-05-16 - Assigned Pa 0129'12 [SB0619 Detail]
Download: Michigan-2011-SB0619-Engrossed.html
SB-0619, As Passed Senate, October 27, 2011
SUBSTITUTE FOR
SENATE BILL NO. 619
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending section 552 (MCL 380.552), as added by 2009 PA 205.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 552. (1) Except as otherwise provided in subsections (2)
and (3), not more than a combined total of 10 contracts to organize
and operate a school of excellence may be issued by all authorizing
bodies under this subsection. All of the following apply to a
contract issued under this subsection:
(a) The issuance of the contract must be approved by the
superintendent of public instruction. The superintendent of public
instruction shall approve issuance of a contract if he or she
determines that the proposed school of excellence is modeled after
a high-performing school or program.
(b)
A contract may not be issued under this subsection after
January
1, 2015.
(b) (c)
The first 5 contracts issued by all
authorizing bodies
under this subsection shall be for schools of excellence that offer
1 or more of high school grades 9 to 12, or any combination of
those grades, as specified in the contract.
(c) (d)
A school of excellence authorized
under this
subsection shall not be located in a school district that has a
graduation rate of over 75%, on average, for the most recent 3
school years for which the data are available, as determined by the
department.
(2)
A combined total of 2 contracts contract
may be issued by
all
an authorizing bodies body under
this subsection for schools a
school
of excellence that are cyber schools
is a cyber school and
that
meet meets all of the following additional requirements:
(a)
Are Is available for enrollment to all pupils in this
state. who
were previously enrolled in a public school.
(b)
Offer Offers some
configuration of or all of grades K to
12.
(c) The entity applying for the school of excellence that is a
cyber
school demonstrates experience in serving urban and at-risk
student
populations through an educational model involving a
significant
cyber component.delivering a
quality education program
that improves pupil academic achievement.
(d)
Has an initial enrollment in the school of excellence that
is
a cyber school that does not exceed 400 pupils.
(e)
In the second and subsequent years of operation under the
contract,
a school of excellence that is a cyber school may expand
enrollment
to exceed 400 pupils by adding 1 pupil for each pupil
who
becomes enrolled in the school of excellence who is identified
as
a dropout in the Michigan student data system maintained by the
center
for educational performance and information. The school of
excellence
that is a cyber school shall annually account for the
number
of pupils it enrolls who are identified as a dropout in the
Michigan
student data system and report that information to the
department,
in a form and manner determined by the superintendent
of
public instruction. The school of excellence shall maintain its
ratio
of pupils who are identified as a dropout. Maximum enrollment
at
a school of excellence that is a cyber school shall not exceed
1,000
pupils.
(3) For a public school academy operating under part 6a that
meets the requirements of subsection (4), with the approval of its
authorizing body, the board of directors of the public school
academy may adopt a resolution choosing to convert the public
school academy to a school of excellence under this part. If the
board of directors of a public school academy that meets the
requirements of subsection (4) is issued a contract as a school of
excellence under this subsection, all the following apply:
(a) The public school academy shall cease to operate as a
public school academy under part 6a and shall operate as a school
of excellence upon the issuance of a contract or at another time as
determined by the authorizing body.
(b) The public school academy shall be considered to be a
school of excellence for all purposes upon the issuance of a
contract or at another time as determined by the authorizing body,
but shall retain its corporate identity.
(c) The conversion of a public school academy under part 6a to
a school of excellence operating under this part shall not impair
any agreement, mortgage, loan, bond, note or other instrument of
indebtedness, or any other agreement entered into by a public
school academy while it was operating under part 6a.
(d) The contract issued to the public school academy under
part 6a shall automatically terminate upon the issuance of a
contract or at another time as determined by the authorizing body.
(4) Subsection (3) applies to a public school academy that is
determined by the department to meet all of the following, as
applicable:
(a) If the public school academy operates only some or all of
grades K to 8, meets at least 1 of the following:
(i) On average over a 3-year period, at least 90% of the pupils
enrolled in the public school academy achieved a score of
proficient or better on the Michigan education assessment program
mathematics and reading tests or successor state assessment
program.
(ii) On average over a 3-year period, at least 70% of the
pupils enrolled in the public school academy achieved a score of
proficient or better on the Michigan education assessment program
mathematics and reading tests or successor state assessment program
and at least 50% of the pupils enrolled in the public school
academy met the income eligibility criteria for the federal free or
reduced-price lunch program, as determined under the Richard B.
Russell national school lunch act, 42 USC 1751 to 1769i, and
reported to the department.
(b) If the public school academy operates grades 9 to 12, at
least 80% of the school's pupils graduate from high school or are
determined by the department to be on track to graduate from high
school, the school has at least 80% average attendance, and the
school has at least an 80% postsecondary enrollment rate.
(5) A school of excellence shall be organized and administered
under the direction of a board of directors in accordance with this
part and with bylaws adopted by the board of directors. A school of
excellence shall be organized under the nonprofit corporation act,
1982 PA 162, MCL 450.2101 to 450.3192, except that a school of
excellence is not required to comply with sections 170 to 177 of
1931 PA 327, MCL 450.170 to 450.177. To the extent disqualified
under the state or federal constitution, a school of excellence
shall not be organized by a church or other religious organization
and shall not have any organizational or contractual affiliation
with or constitute a church or other religious organization.
(6) Any of the following may act as an authorizing body to
issue a contract to organize and operate 1 or more schools of
excellence under this part:
(a) The board of a school district that operates grades K to
12. However, the board of a school district shall not issue a
contract for a school of excellence to operate outside the school
district's boundaries, and a school of excellence authorized by the
board of a school district shall not operate outside that school
district's boundaries.
(b) An intermediate school board. However, the board of an
intermediate school district shall not issue a contract for a
school of excellence to operate outside the intermediate school
district's boundaries, and a school of excellence authorized by the
board of an intermediate school district shall not operate outside
that intermediate school district's boundaries.
(c) The board of a community college. The board of a community
college shall not issue a contract for a school of excellence to
operate outside the boundaries of the community college district,
and a school of excellence authorized by the board of a community
college shall not operate outside the boundaries of the community
college district. The board of a community college also may issue a
contract for not more than 1 school of excellence to operate on the
grounds of an active or closed federal military installation
located outside the boundaries of the community college district,
or may operate a school of excellence itself on the grounds of such
a federal military installation, if the federal military
installation is not located within the boundaries of any community
college district and the community college has previously offered
courses on the grounds of the federal military installation for at
least 10 years.
(d) The governing board of a state public university.
(7) To obtain a contract to organize and operate 1 or more
schools of excellence, 1 or more persons or an entity may apply to
an authorizing body described in this section. The application
shall include at least all of the following:
(a) Identification of the applicant for the contract.
(b) Subject to the resolution adopted by the authorizing body
under section 553(4), a list of the proposed members of the board
of directors of the school of excellence and a description of the
qualifications and method for appointment or election of members of
the board of directors.
(c) The proposed articles of incorporation, which shall
include at least all of the following:
(i) The name of the proposed school of excellence.
(ii) The purposes for the school of excellence corporation.
This language shall provide that the school of excellence is
incorporated pursuant to this part and that the school of
excellence is a governmental entity.
(iii) The name of the authorizing body.
(iv) The proposed time when the articles of incorporation will
be effective.
(v) Other matters considered expedient to be in the articles
of incorporation.
(d) A copy of the proposed bylaws of the school of excellence.
(e) Documentation meeting the application requirements of the
authorizing body, including at least all of the following:
(i) The governance structure of the school of excellence.
(ii) A copy of the educational goals of the school of
excellence and the curricula to be offered and methods of pupil
assessment to be used by the school of excellence. To the extent
applicable, the progress of the pupils in the school of excellence
shall be assessed using at least a Michigan education assessment
program (MEAP) test or the Michigan merit examination under section
1279g.
(iii) The admission policy and criteria to be maintained by the
school of excellence. The admission policy and criteria shall
comply with section 556. This part of the application also shall
include a description of how the applicant will provide to the
general public adequate notice that a school of excellence is being
created and adequate information on the admission policy, criteria,
and process.
(iv) Except for a school of excellence that is a cyber school,
the school calendar and school day schedule.
(v) The age or grade range of pupils to be enrolled.
(f) Descriptions of staff responsibilities and of the school
of excellence governance structure.
(g) For an application to the board of a school district, an
intermediate school board, or board of a community college,
identification of the school district and intermediate school
district in which the school of excellence will be located.
(h) An agreement that the school of excellence will comply
with the provisions of this part and, subject to the provisions of
this part, with all other state law applicable to public bodies and
with federal law applicable to public bodies or school districts.
(i) For a school of excellence authorized by a school
district, an assurance that employees of the school of excellence
will be covered by the collective bargaining agreements that apply
to other employees of the school district employed in similar
classifications in schools that are not schools of excellence.
(j) A description of and address for the proposed physical
plant in which the school of excellence will be located.
(8) An authorizing body shall oversee, or shall contract with
an intermediate school district, community college, or state public
university to oversee, each school of excellence operating under a
contract issued by the authorizing body. The oversight shall be
sufficient to ensure that the authorizing body can certify that the
school of excellence is in compliance with statute, rules, and the
terms of the contract.
(9) If the superintendent of public instruction finds that an
authorizing body is not engaging in appropriate continuing
oversight of 1 or more schools of excellence operating under a
contract issued by the authorizing body, the superintendent of
public instruction may suspend the power of the authorizing body to
issue new contracts to organize and operate schools of excellence.
A contract issued by the authorizing body during the suspension is
void. A contract issued by the authorizing body before the
suspension is not affected by the suspension.
(10) An authorizing body shall not charge a fee, or require
reimbursement of expenses, for considering an application for a
contract, for issuing a contract, or for providing oversight of a
contract for a school of excellence in an amount that exceeds a
combined total of 3% of the total state school aid received by the
school of excellence in the school year in which the fees or
expenses are charged. All of the following apply to this fee:
(a) The authorizing body may use this fee only for the
following purposes:
(i) Considering applications and issuing or administering
Senate Bill No. 619 as amended October 27, 2011
contracts.
(ii) Compliance monitoring and oversight of schools of
excellence.
(iii) Training for school of excellence applicants,
administrators, and boards of directors.
(iv) Technical assistance to schools of excellence.
(v) Academic support to schools of excellence or to pupils of
schools of excellence.
(vi) Evaluation of school of excellence performance.
(vii) Training of teachers.
(viii) Other purposes that assist the school of excellence or
traditional public schools in achieving improved academic
performance.
(b) The authorizing body may provide other services for a
school of excellence and charge a fee for those services, but shall
not require such an arrangement as a condition to issuing the
contract authorizing the school of excellence.
(11) A school of excellence shall be presumed to be legally
organized if it has exercised the franchises and privileges of a
public school academy for at least 2 years.
(12) A school of excellence that is a cyber school may make
available to other public schools for purchase any of the course
offerings that the cyber school offers to its own
pupils.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 96th Legislature are
enacted into law:
(a) Senate Bill No. 618.
(b) Senate Bill No. 620.
(c) Senate Bill No. 621.
