Bill Text: MI SB0620 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Education; public school academies; conversion schools; provide for. Amends secs. 3 & 5 of 1976 PA 451 (MCL 380.3 & 380.5) & adds pt. 6d.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2012-12-05 - Referred To Second Reading [SB0620 Detail]
Download: Michigan-2011-SB0620-Engrossed.html
SB-0620, As Passed Senate, June 6, 2012
SUBSTITUTE FOR
SENATE BILL NO. 620
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 3, 5, and 1280c (MCL 380.3, 380.5, and
380.1280c), section 3 as amended by 2007 PA 45, section 5 as
amended by 2011 PA 232, and section 1280c as amended by 2011 PA 8,
and by adding part 6d.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. (1) "Area" as used in the phrase "area vocational-
technical education program" or "area career and technical
education program" means the geographical territory, within the
boundaries of a K to 12 school district, an intermediate school
district, or a community college district, that is designated by
the department as the service area for the operation of an area
vocational-technical education program.
(2) "Area vocational-technical education program", "area
career and technical education program", or "career and technical
education program" means a program of organized, systematic
instruction designed to prepare the following persons for useful
employment in recognized occupations:
(a) Persons participating in career and technical education
readiness activities that lead to enrollment in a career and
technical education program in high school.
(b) Persons enrolled in high school in a school district,
intermediate school district, public school academy, or nonpublic
school.
(c) Persons who have completed or left high school and who are
available for full-time study in preparation for entering the labor
market.
(d) Persons who have entered the labor market and who need
training or retraining to achieve stability or advancement in
employment.
(3) "Board" or "school board" means the governing body of a
local school district unless clearly otherwise stated.
(4) "Boarding school" means a place accepting for board, care,
and instruction 5 or more children under 16 years of age.
(5) "Constituent district" means a local school district the
territory of which is entirely within and is an integral part of an
intermediate school district.
(6) "Conversion school" means a conversion school established
under part 6d.
Sec. 5. (1) "Local act school district" or "special act school
district" means a district governed by a special or local act or
chapter of a local act. "Local school district" and "local school
district board" as used in article 3 include a local act school
district and a local act school district board.
(2) "Membership" means the number of full-time equivalent
pupils in a public school as determined by the number of pupils
registered for attendance plus pupils received by transfer and
minus pupils lost as defined by rules promulgated by the state
board.
(3) "Michigan election law" means the Michigan election law,
1954 PA 116, MCL 168.1 to 168.992.
(4) "Nonpublic school" means a private, denominational, or
parochial school.
(5) "Objectives" means measurable pupil academic skills and
knowledge.
(6) "Public school" means a public elementary or secondary
educational entity or agency that is established under this act,
has as its primary mission the teaching and learning of academic
and vocational-technical skills and knowledge, and is operated by a
school district, local act school district, special act school
district, intermediate school district, school of excellence,
public school academy corporation, strict discipline academy
corporation, urban high school academy corporation, conversion
school corporation, or by the department or state board. Public
school also includes a laboratory school or other elementary or
secondary school that is controlled and operated by a state public
university described in section 4, 5, or 6 of article VIII of the
state constitution of 1963.
(7) "Public school academy" means a public school academy
established under part 6a and, except as used in part 6a, also
includes an urban high school academy established under part 6c, a
conversion school established under part 6d, a school of excellence
established under part 6e, and a strict discipline academy
established under sections 1311b to 1311l.
(8) "Pupil membership count day" of a school district means
that term as defined in section 6 of the state school aid act of
1979, MCL 388.1606.
(9) "Regular school election" or "regular election" means the
election held in a school district, local act school district, or
intermediate school district to elect a school board member in the
regular course of the terms of that office and held on the school
district's regular election date as determined under section 642 or
642a of the Michigan election law, MCL 168.642 and 168.642a.
(10) "Reorganized intermediate school district" means an
intermediate school district formed by consolidation or annexation
of 2 or more intermediate school districts under sections 701 and
702.
(11) "Rule" means a rule promulgated under the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
PART 6D
CONVERSION SCHOOLS
Sec. 531. (1) A conversion school is a public school under
section 2 of article VIII of the state constitution of 1963, is a
school district for the purposes of section 11 of article IX of the
state constitution of 1963 and for the purposes of section 1225 and
section 1351a, and is subject to the leadership and general
supervision of the state board over all public education under
section 3 of article VIII of the state constitution of 1963. A
conversion school is a body corporate and is a governmental agency.
The powers granted to a conversion school under this part
constitute the performance of essential public purposes and
governmental functions of this state.
(2) As used in this part:
(a) "Authorizing body" means any of the following that issues
a contract as provided in this part:
(i) The board of a school district.
(ii) An intermediate school board.
(iii) The board of a community college.
(iv) The governing board of a state public university.
(v) Two or more of the public agencies described in
subparagraphs (i) to (iv) exercising power, privilege, or authority
jointly pursuant to an interlocal agreement under the urban
cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to
124.512.
(vi) Any of the public agencies described in subparagraphs (i)
to (v) acting jointly with the school district that previously
operated the school that is converted to a conversion school.
(b) "Community college" means a community college organized
under the community college act of 1966, 1966 PA 331, MCL 389.1 to
389.195, or a federal tribally controlled community college that is
recognized under the tribally controlled community college
assistance act of 1978, Public Law 95-471, 92 Stat. 1325, and is
determined by the department to meet the requirements for
accreditation by a recognized regional accrediting body.
(c) "Contract" means the executive act taken by an authorizing
body that evidences the authorization of a conversion school and
that establishes, subject to the constitutional powers of the state
board and applicable law, the written instrument executed by an
authorizing body conferring certain rights, franchises, privileges,
and obligations on a conversion school, as provided by this part,
and confirming the status of a conversion school as a public school
in this state.
(d) "Conversion school" means a public school previously
operated by a school district that is converted to a conversion
school established and operated under this part.
(e) "Educational management organization" means an entity that
enters into an agreement with the board of directors of a
conversion school to provide comprehensive educational,
administrative, management, or instructional services or staff to
the conversion school.
(f) "Entity" means a partnership, nonprofit or business
corporation, labor organization, or any other association,
corporation, trust, or other legal entity.
(g) "State public university" means a state university
described in section 4, 5, or 6 of article VIII of the state
constitution of 1963.
Sec. 533. (1) A conversion school 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 conversion school corporation shall be organized under
the nonprofit corporation act, 1982 PA 162, MCL 450.2101 to
450.3192, except that a conversion school corporation 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 conversion school 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.
(2) Subject to subsection (3), any of the following may act as
an authorizing body to issue a contract to organize and operate a
conversion school under this part:
(a) The board of a school district. However, the board of a
school district shall not issue a contract for a conversion school
to operate outside the school district's boundaries, and a
conversion school authorized by the board of a school district
shall not operate outside that school district's boundaries.
(b) An intermediate school board. However, an intermediate
school board shall not issue a contract for a conversion school to
operate outside the intermediate school district's boundaries, and
a conversion school authorized by an intermediate school board
shall not operate outside that intermediate school district's
boundaries.
(c) The board of a community college. However, the board of a
community college shall not issue a contract for a conversion
school to operate outside the boundaries of the community college
district, and a conversion school authorized by the board of a
community college shall not operate outside the boundaries of the
community college district.
(d) The governing board of a state public university.
(e) Two or more of the public agencies described in
subdivisions (a) to (d) exercising power, privilege, or authority
jointly pursuant to an interlocal agreement under the urban
cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to
124.512.
(f) Any of the public agencies described in subdivisions (a)
to (e) acting jointly with the school district that previously
operated the public school that is to be converted to a conversion
school.
(3) A public school operated by a school district may be
converted to and operated as a conversion school as provided under
this part pursuant to a parental petition under section 1280c. A
public school operated by a school district may not be converted to
a conversion school that is organized and operated under this part
unless the public school is on the list required under section
1280c identifying the public schools in this state that the
department has determined to be among the lowest achieving 5% of
all public schools in this state. To obtain a contract to convert a
public school operated by a school district to a conversion school
that is organized and operated under this part, 1 or more persons
or an entity shall apply to an authorizing body for a contract to
organize and operate the school as a conversion school.
(4) An authorizing body may issue a contract to organize and
operate a conversion school if all of the following are submitted
to that authorizing body:
(a) An application for a conversion school contract that meets
the requirements for an application under subsection (5).
(b) A copy of the parental petition submitted and certified
under section 1280c that recommends that restart option under that
section.
(c) Evidence satisfactory to the authorizing body that the
public school to be converted is on the list required under section
1280c identifying the public schools in this state that the
department has determined to be among the lowest achieving 5% of
all public schools in this state.
(5) The application for a contract to organize and operate a
conversion school 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 535(3), if any, a list of the proposed members of the
board of directors of the conversion school 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 conversion school.
(ii) The purposes for the conversion school corporation. This
language shall provide that the conversion school is incorporated
pursuant to this part and that the conversion school corporation 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 conversion school.
(e) Documentation meeting the application requirements of the
authorizing body, if any, including at least all of the following:
(i) The governance structure of the conversion school.
(ii) A copy of the educational goals of the conversion school
and the curricula to be offered and methods of pupil assessment to
be used by the conversion school. The educational goals shall
include making measurable progress toward improved pupil academic
achievement for all groups of pupils and toward meeting the
specific goals required to be in the contract under section
535(4)(a). To the extent applicable, the progress of the pupils in
the conversion school shall be assessed using at least a Michigan
education assessment program (MEAP) test or the Michigan merit
examination developed under section 1279g.
(iii) The admission policy and criteria to be maintained by the
conversion school. The admission policy and criteria shall comply
with section 537. This part of the application also shall include a
description of how the applicant will provide to the general public
adequate notice that a conversion school is being created and
adequate information on the admission policy, criteria, and
process.
(iv) The school calendar and school day schedule.
(v) The age or grade range of pupils to be enrolled. A
conversion school shall include at least all of the grades that
were previously operated by the school that was converted.
(f) The school year when the conversion school is to begin
operating. This school year must be a school year that begins at
least 9 months after the date that the petition and application are
submitted to the authorizing body under subsection (4). A
conversion school shall begin operating at the beginning of a
school year and may not begin operating during a school year that
has already begun.
(g) Descriptions of staff responsibilities and of the
conversion school's governance structure.
(h) The documentation required under subsection (4).
(i) An agreement that the conversion school 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.
(6) An authorizing body shall oversee, or shall contract with
an intermediate school district, community college, or state public
university to oversee, the board of directors of each conversion
school operating under a contract issued by the authorizing body.
The authorizing body is responsible for overseeing compliance by
the board of directors with the contract and all applicable law.
(7) If the superintendent of public instruction finds that an
authorizing body is not engaging in appropriate continuing
oversight of 1 or more boards of directors of conversion schools
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
conversion schools. 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.
(8) 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 conversion school in an amount that exceeds a
combined total of 3% of the total state school aid received by the
conversion school in the school year in which the fees or expenses
are charged. An authorizing body may provide other services for a
conversion school and charge a fee for those services, but shall
not require such an arrangement as a condition to issuing the
contract authorizing the conversion school.
(9) A conversion school shall be presumed to be legally
organized if it has exercised the franchises and privileges of a
conversion school for at least 2 years.
(10) An authorizing body may enter into an intergovernmental
agreement with another authorizing body to issue conversion school
contracts. At a minimum, the agreement shall further the purposes
set forth in section 531(1), describe which authorizing body shall
issue the contract, and set forth which authorizing body will be
responsible for monitoring compliance by the board of directors of
the conversion school with the contract and all applicable law.
Sec. 535. (1) An authorizing body is not required to issue a
contract to any person or entity. A conversion school contract
shall be issued on a competitive basis taking into consideration
the resources available for the proposed conversion school, the
population to be served by the proposed conversion school, and the
educational goals to be achieved by the proposed conversion school.
(2) Within 10 days after issuing a contract for a conversion
school, the authorizing body shall submit to the superintendent of
public instruction a copy of the contract.
(3) An authorizing body shall adopt a resolution establishing
the method of selection, length of term, and number of members of
the board of directors of each conversion school subject to its
jurisdiction.
(4) A contract issued to organize and administer a conversion
school shall contain at least all of the following:
(a) The educational goals the conversion school is to achieve
and the methods by which it will be held accountable. These goals
shall include making measurable progress toward improved pupil
academic achievement for all groups of pupils and toward meeting
specific goals for improvement in pupil performance that must be
met by the conversion school. These goals shall include making
measurable progress toward at least 80% of the conversion school's
pupils graduating from high school or being determined to be on
track to graduate from high school and toward the conversion school
having at least 80% average attendance as determined by the
department. To the extent applicable, the pupil performance of a
conversion school shall be assessed using at least a Michigan
education assessment program (MEAP) test or the Michigan merit
examination developed under section 1279g.
(b) A description of the method to be used to monitor
compliance by the conversion school's board of directors with
applicable law and its performance in meeting its targeted
educational objectives.
(c) A description of the process for amending the contract
during the term of the contract.
(d) All of the matters set forth in the application for the
contract.
(e) Procedures for revoking the contract and grounds for
revoking the contract, including at least the grounds listed in
section 543(4).
(f) The address for the school that will be converted to the
conversion school.
(g) Requirements and procedures for financial audits. The
financial audits shall be conducted at least annually by a
certified public accountant in accordance with generally accepted
governmental auditing principles.
(h) The term of the contract and a description of the process
and standards for renewing a contract at the end of the term. The
term of an initial contract for a conversion school shall not
exceed 5 years from the beginning of the school year when the
conversion school is to begin operating, as contained in the
application for the contract under section 533. The standards for
renewing a contract shall include increases in pupil academic
achievement for all groups of pupils as measured by assessments and
other objective criteria as the most important factor in the
decision of whether or not to issue a new contract.
(i) A certification, signed by an authorized member of the
board of directors of the conversion school, that the conversion
school will comply with the contract and all applicable law.
(j) A requirement that the board of directors of the
conversion school shall ensure compliance with the requirements of
1968 PA 317, MCL 15.321 to 15.330.
(k) A requirement that the board of directors of the
conversion school shall prohibit specifically identified family
relationships between members of the board of directors,
individuals who have an ownership interest in or who are officers
or employees of an educational management organization involved in
the operation of the conversion school, and employees of the
conversion school. The contract shall identify the specific
prohibited relationships consistent with applicable law.
(l) A requirement that the board of directors of the conversion
school shall make information concerning its operation and
management available to the public and to the authorizing body in
the same manner as is required by state law for school districts.
(m) A requirement that the board of directors of the
conversion school shall collect, maintain, and make available to
the public and the authorizing body, in accordance with applicable
law and the contract, at least all of the following information
concerning the operation and management of the conversion school:
(i) A copy of the contract issued by the authorizing body for
the conversion school.
(ii) A list of currently serving members of the board of
directors of the conversion school, including name, address, and
term of office; copies of policies approved by the board of
directors; board meeting agendas and minutes; a copy of the budget
approved by the board of directors and of any amendments to the
budget; and copies of bills paid for amounts of $10,000.00 or more
as they were submitted to the board of directors.
(iii) Quarterly financial reports submitted to the authorizing
body.
(iv) A current list of teachers and school administrators
working at the conversion school that includes their individual
salaries as submitted to the registry of educational personnel;
copies of the teaching or school administrator's certificates or
permits of current teaching and administrative staff; and evidence
of compliance with the criminal background and records checks and
unprofessional conduct check required under sections 1230, 1230a,
and 1230b for all teachers and administrators working at the
conversion school.
(v) Curriculum documents and materials given to the
authorizing body.
(vi) Proof of insurance as required by the contract.
(vii) Copies of facility leases or deeds, or both, and of any
equipment leases.
(viii) Copies of any management contracts or services contracts
approved by the board of directors.
(ix) All health and safety reports and certificates, including
those relating to fire safety, environmental matters, asbestos
inspection, boiler inspection, and food service.
(x) Any management letters issued as part of the annual
financial audit under subdivision (g).
(xi) Any other information specifically required under this
act.
(n) A requirement that the authorizing body must review and
may disapprove any agreement between the board of directors of the
conversion school and an educational management organization before
the agreement is final and valid. An authorizing body may
disapprove an agreement described in this subdivision only if the
agreement is contrary to the contract or applicable law.
(o) A requirement that the board of directors of the
conversion school shall demonstrate all of the following to the
satisfaction of the authorizing body with regard to its pupil
admission process:
(i) That the conversion school has made a reasonable effort to
advertise its enrollment openings.
(ii) That the conversion school has made the following
additional efforts to recruit pupils who are eligible for special
education programs and services or English as a second language
services to apply for admission:
(A) Reasonable efforts to advertise all enrollment openings to
organizations and media that regularly serve and advocate for
individuals with disabilities or children with limited English-
speaking ability within the boundaries of the intermediate school
district in which the conversion school is located.
(B) Inclusion in all pupil recruitment materials of a
statement that appropriate special education services and English
as a second language services will be made available to pupils
attending the school as required by law.
(iii) That the open enrollment period for the conversion school
is for a duration of at least 2 weeks and that the enrollment times
include some evening and weekend times.
(p) A requirement that the board of directors of the
conversion school shall prohibit any individual from being employed
by the conversion school in more than 1 full-time position and
simultaneously being compensated at a full-time rate for each of
those positions.
(q) A requirement that, if requested, the board of directors
of the conversion school shall report to the authorizing body the
total compensation for each individual working at the conversion
school.
(5) A conversion school shall comply with all applicable law,
including all of the following:
(a) The open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(b) The freedom of information act, 1976 PA 442, MCL 15.231 to
15.246.
(c) 1947 PA 336, MCL 423.201 to 423.217.
(d) 1965 PA 166, MCL 408.551 to 408.558.
(e) Sections 1134, 1135, 1146, 1153, 1263(3), 1267, and 1274.
(f) Law concerning participation in state assessments, data
collection systems, state-level student growth models, state
accountability and accreditation systems, and other public
comparative data collection required for public schools.
(6) A conversion school and its incorporators, board members,
officers, employees, and volunteers have governmental immunity as
provided in section 7 of 1964 PA 170, MCL 691.1407. An authorizing
body and its board members, officers, and employees are immune from
civil liability, both personally and professionally, for an act or
omission in authorizing a conversion school if the authorizing body
or the person acted or reasonably believed he or she acted within
the authorizing body's or the person's scope of authority.
(7) A conversion school is exempt from all taxation on its
earnings and property. Instruments of conveyance to or from a
conversion school are exempt from all taxation including taxes
imposed by 1966 PA 134, MCL 207.501 to 207.513. Unless the property
is already fully exempt from real and personal property taxes under
the general property tax act, 1893 PA 206, MCL 211.1 to 211.155,
property occupied by a public school academy and used exclusively
for educational purposes is exempt from real and personal property
taxes levied for school operating purposes under section 1211, to
the extent exempted under that section, and from real and personal
property taxes levied under the state education tax act, 1993 PA
331, MCL 211.901 to 211.906. A conversion school may not levy ad
valorem property taxes or another tax for any purpose. However,
operation of 1 or more conversion schools by a school district or
intermediate school district does not affect the ability of the
school district or intermediate school district to levy ad valorem
property taxes or another tax.
(8) If a school district or intermediate school district
applies for and obtains a contract to operate 1 or more conversion
schools under this part, the power of the school district or
intermediate school district to levy taxes for any purpose under
this act is not affected by the operation of a conversion school by
the school district or intermediate school district. Revenue from
taxes levied by a school district or intermediate school district
under this act or bonds issued by a school district or intermediate
school district under this act may be used to support the operation
or facilities of a conversion school operated by the school
district or intermediate school district in the same manner as that
revenue may be used under this act by the school district or
intermediate school district to support school district or
intermediate school district operations and facilities. This
section does not authorize a school district or intermediate school
district to levy taxes or to issue bonds for any purpose that is
not otherwise authorized under this act.
(9) An agreement, mortgage, loan, or other instrument of
indebtedness entered into by a conversion school and a third party
does not constitute an obligation, either general, special, or
moral, of this state or an authorizing body. The full faith and
credit or the taxing power of this state or any agency of this
state, or the full faith and credit of an authorizing body, may not
be pledged for the payment of any conversion school bond, note,
agreement, mortgage, loan, or other instrument of indebtedness.
(10) This part does not impose any liability on this state or
on an authorizing body for any debt incurred by a conversion
school.
(11) A member of the board of directors of a conversion school
is a public officer and shall, before entering upon the duties of
the office, take the constitutional oath of office for public
officers under section 1 of article XI of the state constitution of
1963.
Sec. 536. A conversion school shall begin operating at the
beginning of a school year and may not begin operating during a
school year that has already begun.
Sec. 537. (1) A conversion school shall not charge tuition and
shall not discriminate in its pupil admissions policies or
practices on the basis of intellectual or athletic ability,
measures of achievement or aptitude, status as a student with a
disability, or any other basis that would be illegal if used by a
school district. However, a conversion school may limit admission
to pupils who are within a particular range of age or grade level
or on any other basis that would be legal if used by a school
district.
(2) Except for a foreign exchange student who is not a United
States citizen, a conversion school shall not enroll a pupil who is
not a resident of this state. For a conversion school authorized by
a school district or intermediate school district, enrollment in
the conversion school may be open to all individuals who reside in
this state who meet the admission policy and shall be open to all
pupils who reside within the geographic boundaries, if any, of the
authorizing body as described in section 533(2)(a) and (b) who meet
the admission policy. For a conversion school authorized by a
community college or a state public university, enrollment shall be
open to all pupils who reside in this state who meet the admission
policy. Subject to subsections (3) to (5), if there are more
applications to enroll in the conversion school than there are
spaces available, pupils shall be selected to attend using a random
selection process.
(3) A conversion school shall give enrollment priority to a
pupil who was previously enrolled in the school that was converted
or who resides in the attendance area for that school as
established by the school district as of the time the petition was
submitted under section 1280c.
(4) A conversion school may give enrollment priority to 1 or
more of the following:
(a) A sibling of a pupil enrolled in the conversion school.
(b) A pupil who transfers to the conversion school from
another public school pursuant to a matriculation agreement between
the conversion school and other public school that provides for
this enrollment priority, if all of the following requirements are
met:
(i) Each public school that enters into the matriculation
agreement remains a separate and independent public school.
(ii) The conversion school that gives the enrollment priority
selects at least 5% of its pupils for enrollment using a random
selection process.
(iii) The matriculation agreement allows any pupil who was
enrolled at any time during elementary school in a public school
that is party to the matriculation agreement and who was not
expelled from the public school to enroll in the conversion school
giving enrollment priority under the matriculation agreement.
(c) A child of a person who is employed by or at the
conversion school or who is on the board of directors of the
conversion school. As used in this subdivision, "child" includes an
adopted child or a legal ward.
(5) A conversion school shall allow any pupil who was enrolled
in the conversion school in the immediately preceding school year
to enroll in the conversion school in the appropriate grade unless
the appropriate grade is not offered at that conversion school.
(6) A conversion school may include any grade up to grade 12
or any configuration of those grades, including kindergarten and
early childhood education, as specified in its contract. A
conversion school shall include all of the grades that were
previously operated by the school that was converted. If specified
in its contract, a conversion school may also operate an adult
basic education program, adult high school completion program, or
general education development testing preparation program. The
authorizing body may approve amendment of a contract with respect
to ages of pupils or grades offered.
Sec. 538. (1) A conversion school shall be located within the
same attendance area of the school district that previously
operated the school that was converted, as that attendance area
existed at the time the petition was submitted under section 1280c,
and may be located at the school building that was converted
pursuant to this section.
(2) If a conversion school intends to use the school building
that was converted as provided under subsection (1), the conversion
school shall send a letter of intent to the superintendent of
public instruction and to the school district that owns the school
building. Subject to subsection (4), within 10 days after receipt
of the letter of intent, the school district that owns the school
building shall lease the school building to the conversion school
for $1.00 per year for as long as the school building is used for
classroom instruction by the conversion school or for a shorter
term at the option of the conversion school.
(3) If during the term of the lease under subsection (2) the
conversion school leasing the school building closes or ceases
using the school building for classroom instruction, the school
district that owns the school building, with the approval of the
superintendent of public instruction, may reenter and repossess the
school building, terminating the eligible public school's lease in
the school building.
(4) A school district shall not lease a school building under
this section if the lease would unconstitutionally impair a bond,
note, security, or uncontested legal obligation of the school
district.
(5) During the term of a lease under this section, the
conversion school leasing the school building is responsible for
the direct expenses related to the school building leased,
including utilities, insurance, maintenance, repairs, and
remodeling. The school district that owns the school building is
responsible for any debt incurred for or liens that attached to the
school building before the conversion school leased the school
building.
(6) A conversion school leasing a school building pursuant to
this section and the school district may enter into a contract or
cooperative arrangement concerning general liability insurance for
the conversion school.
(7) A school building leased by a conversion school pursuant
to this section shall be considered to be in continuous use as a
public school.
Sec. 539. In addition to other powers set forth in this part,
a conversion school may take action to carry out the purposes for
which it was incorporated under this part, including, but not
limited to, all of the following:
(a) To sue and be sued in its name.
(b) Subject to section 535(9), to acquire, hold, and own in
its own name real and personal property, or interests in real or
personal property, for educational purposes by purchase, gift,
grant, devise, bequest, lease, sublease, installment purchase
agreement, land contract, option, or condemnation, and subject to
mortgages, security interests, or other liens; and to sell or
convey property owned by the conversion school as the interests of
the conversion school require.
(c) To receive, disburse, and pledge funds for lawful
purposes.
(d) To enter into binding legal agreements with persons or
entities as necessary for the operation, management, financing, and
maintenance of the conversion school.
(e) To incur temporary debt in accordance with section 1225.
(f) To solicit and accept any grants or gifts for educational
purposes and to establish or permit to be established on its behalf
1 or more nonprofit corporations the purpose of which is to assist
the conversion school in the furtherance of its public purposes.
(g) To borrow money and issue bonds in accordance with section
1351a and in accordance with part VI of the revised municipal
finance act, 2001 PA 34, MCL 141.2601 to 141.2613, except that the
borrowing of money and issuance of bonds by a conversion school is
not subject to section 1351a(4) or section 1351(2) to (4). Bonds
issued under this section shall be full faith and credit
obligations of the conversion school, pledging the general funds or
any other money available for such a purpose. Bonds issued under
this section are subject to the revised municipal finance act, 2001
PA 34, MCL 141.2101 to 141.2821.
Sec. 541. (1) Except as otherwise provided by law, a
conversion school shall use certificated teachers according to
state board rule.
(2) A conversion school authorized by a state public
university or community college may use noncertificated individuals
to teach as follows:
(a) If the conversion school is authorized by a state public
university, the conversion school may use as a classroom teacher in
any grade a faculty member who is employed full-time by the state
public university and who has been granted institutional tenure, or
has been designated as being on tenure track, by the state public
university.
(b) For a conversion school authorized by a community college,
the conversion school may use as a classroom teacher a full-time
member of the community college faculty who has at least 5 years'
experience at that community college in teaching the subject matter
that he or she is teaching at the conversion school.
(c) In any other situation in which a school district is
permitted under this act to use noncertificated teachers.
(3) A conversion school may develop and implement new teaching
techniques or methods or significant revisions to known teaching
techniques or methods, and shall report those to the authorizing
body and state board to be made available to the public. A
conversion school may use any instructional technique or delivery
method that may be used by a school district.
(4) A conversion school, with the approval of the authorizing
body, may employ or contract with personnel as necessary for the
operation of the conversion school, prescribe their duties, and fix
their compensation.
(5) If the board of directors of a conversion school provides
medical, optical, or dental benefits to employees and their
dependents, the board of directors shall provide those benefits in
accordance with the public employees health benefit act, 2007 PA
106, MCL 124.71 to 124.85, and shall comply with that act.
Sec. 543. (1) An authorizing body that issues a contract for a
conversion school under this part shall do all of the following:
(a) Ensure that the contract and the application for the
contract comply with the requirements of this part.
(b) Within 10 days after issuing the contract, submit to the
department a copy of the contract.
(c) Establish the method of selection, length of term, and
number of members of the board of directors of each conversion
school that it authorizes. The authorizing body shall ensure that
the board of directors includes representation from the local
community.
(d) Oversee the operations of the board of directors of each
conversion school operating under a contract issued by the
authorizing body. The oversight shall be sufficient to ensure that
the board of directors is in compliance with the terms of the
contract and with applicable law.
(e) Develop and implement a process for holding the board of
directors of a conversion school accountable for meeting applicable
academic performance standards set forth in the contract and for
implementing corrective action for a conversion school that does
not meet those standards.
(f) Take necessary measures to ensure that the board of
directors of a conversion school operates independently of any
educational management company involved in the operations of the
conversion school.
(g) Oversee and ensure that the pupil admission process used
by the conversion school is operated in a fair and open manner and
is in compliance with the contract and this part.
(h) Ensure that the board of directors of the conversion
school maintains and releases information as necessary to comply
with applicable law.
(2) An authorizing body may enter into an agreement with 1 or
more other authorizing bodies to carry out any function of an
authorizing body under this act.
(3) The authorizing body for a conversion school is the fiscal
agent for the conversion school. A state school aid payment for a
conversion school shall be paid to the authorizing body that is the
fiscal agent for that conversion school, and the authorizing body
shall then forward the payment to the conversion school. Within 30
days after a contract is submitted to the department by an
authorizing body under subsection (1), the department shall issue a
district code to the conversion school for which the contract was
issued. If the department does not issue a district code within 30
days after a contract is filed, the state treasurer shall assign a
temporary district code in order for the conversion school to
receive funding under the state school aid act of 1979.
(4) A contract issued under this part may be revoked by the
authorizing body if the authorizing body determines that 1 or more
of the following have occurred:
(a) Failure of the conversion school to demonstrate measurable
progress toward improved pupil academic achievement for all groups
of pupils or toward meeting the educational goals set forth in the
contract.
(b) Failure of the conversion school to comply with all
applicable law.
(c) Failure of the conversion school to meet generally
accepted public sector accounting principles and demonstrate sound
fiscal stewardship.
(d) The existence of 1 or more other grounds for revocation as
specified in the contract.
(5) Except for a conversion school that is an alternative
school serving a special student population, if the superintendent
of public instruction determines that a conversion school site that
has been operating for at least 4 years is on the list required
under section 1280c identifying the public schools in this state
that the department has determined to be among the lowest achieving
5% of all public schools in this state, is in year 2 of
restructuring sanctions under the no child left behind act of 2001,
Public Law 107-110, not to include the individualized education
plan subgroup, and is not currently undergoing reconstitution under
this section, the superintendent of public instruction shall notify
the conversion school's authorizing body. If an authorizing body
receives notice from the superintendent of public instruction under
this subsection, the authorizing body shall amend the conversion
school's contract to eliminate the conversion school's authority to
operate the existing age and grade levels at the site and the
conversion school shall cease operating the existing age and grade
levels at the site, effective at the end of the current school
year. If the conversion school operates at only 1 site, and the
authorizing body receives notice from the superintendent of public
instruction under this subsection, the authorizing body shall
revoke the conversion school's contract, effective at the end of
the current school year.
(6) If, during the last school year before the expiration of
the conversion school's initial contract with an authorizing body,
a conversion school is on the list required under section 1280c
identifying the public schools in this state that the department
has determined to be among the lowest achieving 5% of all public
schools in this state, the board of directors of the conversion
school shall not seek to renew the contract with that authorizing
body or to obtain a new contract from that authorizing body.
(7) The decision of an authorizing body to issue, not issue,
or reconstitute a contract under this part, or to terminate or
revoke a contract under this section, is solely within the
discretion of the authorizing body, is final, and is not subject to
review by a court or any state agency. An authorizing body that
issues, does not issue, or reconstitutes a contract under this
part, or that terminates or revokes a contract under this section,
is not liable for that action to the conversion school, the
conversion school corporation, a pupil of the conversion school,
the parent or guardian of a pupil of the conversion school, or any
other person.
(8) Except as otherwise provided in subsection (5), before an
authorizing body revokes a contract, the authorizing body may
consider and take corrective measures to avoid revocation. An
authorizing body may reconstitute the conversion school in a final
attempt to improve pupil educational performance or to avoid
interruption of the educational process. An authorizing body shall
include a reconstituting provision in the contract that identifies
these corrective measures, including, but not limited to, canceling
a contract with an educational management organization, if any,
withdrawing approval of a contract under section 541(4), or
appointing a new board of directors or a trustee to take over
operation of the conversion school.
(9) If an authorizing body revokes a contract, the authorizing
body shall work with the school district that operated the school
that was converted, the state school reform/redesign officer, or
another school district or public school, or with a combination of
these entities, to ensure a smooth transition for the affected
pupils. If at the time of revocation the conversion school is on
the list required under section 1280c identifying the public
schools in this state that the department has determined to be
among the lowest achieving 5% of all public schools in this state
and was in continuous operation in the same school building as was
occupied by the school that was converted, the state school
reform/redesign officer shall implement a new restructuring model
in that school building under section 1280c. If the revocation
occurs during the school year, the authorizing body, as the fiscal
agent for the conversion school under this part, shall return any
school aid funds held by the authorizing body that are attributable
to the affected pupils to the state treasurer for deposit into the
state school aid fund. The state treasurer shall distribute funds
to the public school in which the pupils enroll after the
revocation pursuant to a methodology established by the department
and the center for educational performance and information.
(10) Not more than 10 days after a conversion school's
contract terminates or is revoked, the authorizing body shall
notify the superintendent of public instruction in writing of the
name of the conversion school whose contract has terminated or been
revoked and the date of contract termination or revocation.
Sec. 1280c. (1) Beginning in 2010, not later than September 1
of each year, the superintendent of public instruction shall
publish a list identifying the public schools in this state that
the department has determined to be among the lowest achieving 5%
of all public schools in this state, as defined for the purposes of
the federal incentive grant program created under sections 14005
and 14006 of title XIV of the American recovery and reinvestment
act of 2009, Public Law 111-5.
(2) Except as otherwise provided in subsection (16), within 7
days after publishing the list under subsection (1), the
superintendent of public instruction shall issue an order placing
each public school that is included on the list under subsection
(1) under the supervision of the state school reform/redesign
officer
described in subsection (9). Within Subject to subsections
(17) to (26), within 90 days after a public school is placed under
the supervision of the state school reform/redesign officer under
this section, the school board or board of directors operating the
public school shall submit a redesign plan to the state school
reform/redesign officer. For a public school operated by a school
board, the redesign plan shall be developed with input from the
local teacher bargaining unit and the local superintendent. The
redesign plan shall require implementation of 1 of the 4 school
intervention models that are provided for the lowest achieving
schools under the federal incentive grant program created under
sections 14005 and 14006 of title XIV of the American recovery and
reinvestment act of 2009, Public Law 111-5, known as the "race to
the top" grant program. These models are the turnaround model,
restart model, school closure, and transformation model. The
redesign plan shall include an executed addendum to each applicable
collective bargaining agreement in effect for the public school
that meets the requirements of subsection (8).
(3) Within 30 days after receipt of a redesign plan for a
public school under subsection (2), the state school
reform/redesign officer shall issue an order approving,
disapproving, or making changes to the redesign plan. If the order
makes changes to the redesign plan, the school board or board of
directors has 30 days after the order to change the redesign plan
to incorporate those changes into the redesign plan and resubmit it
to the state school reform/redesign officer for approval or
disapproval.
(4) The state school reform/redesign officer shall not
disapprove a redesign plan that includes all of the elements
required under federal law for the school intervention model
included in the redesign plan. A school board or board of directors
may appeal disapproval of a redesign plan on this basis to the
superintendent of public instruction. The decision of the
superintendent of public instruction on the appeal is final.
(5) If the state school reform/redesign officer approves a
redesign plan under this section, the school board or board of
directors shall implement the redesign plan for the public school
beginning with the beginning of the next school year that begins
after the approval. The school board or board of directors shall
regularly submit monitoring reports to the state school
reform/redesign officer on the implementation and results of the
plan in the form and manner, and according to a schedule, as
determined by the state school reform/redesign officer.
(6) The state school reform/redesign school district is
created. The state school reform/redesign school district is a
school district for the purposes of section 11 of article IX of the
state constitution of 1963 and for receiving state school aid under
the state school aid act of 1979 and is subject to the leadership
and general supervision of the state board over all public
education under section 3 of article VIII of the state constitution
of 1963. The state school reform/redesign school district is a body
corporate and is a governmental agency. Except as otherwise
provided in subsection (7) and in subsection (25), if the state
school reform/redesign officer does not approve the redesign plan,
or if the state school reform/redesign officer determines that the
redesign plan is not achieving satisfactory results, the state
school reform/redesign officer shall issue an order placing the
public school in the state school reform/redesign school district,
imposing for the public school implementation of 1 of the 4 school
intervention models described in subsection (2) beginning with the
beginning of the next school year, and imposing an addendum to each
applicable collective bargaining agreement in effect for the public
school as necessary to implement the school intervention model and
that meets the requirements of subsection (8). All of the following
apply to the state school reform/redesign school district:
(a) The state school reform/redesign school district shall
consist of schools that are placed in the state school
reform/redesign school district.
(b) The state school reform/redesign officer shall act as the
superintendent of the state school reform/redesign school district.
With respect to schools placed in the state school reform/redesign
school district, the state school reform/redesign officer has all
of the powers and duties described in this section; all of the
provisions of this act that would otherwise apply to the school
board that previously operated a school placed in the state school
reform/redesign school district apply to the state school
reform/redesign officer with respect to that school, except those
relating to taxation or borrowing; except as otherwise provided in
this section, the state school reform/redesign officer may exercise
all the powers and duties otherwise vested by law in the school
board that previously operated a school placed in the state school
reform/redesign school district and in its officers, except those
relating to taxation or borrowing, and may exercise all additional
powers and duties provided under this section; and, except as
otherwise provided in this section, the state school
reform/redesign officer accedes to all the rights, duties, and
obligations of the school board with respect to that school. These
powers, rights, duties, and obligations include, but are not
limited to, all of the following:
(i) Authority over the expenditure of all funds attributable to
pupils at that school, including that portion of proceeds from
bonded indebtedness and other funds dedicated to capital projects
that would otherwise be apportioned to that school by the school
board that previously operated the school according to the terms of
the bond issue or financing documents.
(ii) Subject to subsection (8), rights and obligations under
collective bargaining agreements and employment contracts entered
into by the school board for employees at the school.
(iii) Rights to prosecute and defend litigation.
(iv) Rights and obligations under statute, rule, and common
law.
(v) Authority to delegate any of the state school
reform/redesign officer's powers and duties to 1 or more designees,
with proper supervision by the state school reform/redesign
officer.
(vi) Power to terminate any contract or portion of a contract
entered into by the school board that applies to that school.
However, this subsection does not allow any termination or
diminishment of obligations to pay debt service on legally
authorized bonds and does not allow a collective bargaining
agreement to be affected except as provided under subsection (8). A
contract terminated by the state school reform/redesign officer
under this subsection is void.
(7) If the state school reform/redesign officer determines
that better educational results are likely to be achieved by
appointing a chief executive officer to take control of multiple
public schools, the state school reform/redesign officer may make a
recommendation to the superintendent of public instruction for
appointment of a chief executive officer to take control over those
multiple schools. If the superintendent of public instruction
appoints a chief executive officer to take control of multiple
public schools under this subsection, the chief executive officer
shall impose for those public schools implementation of 1 of the 4
school intervention models described in subsection (2) and impose
an addendum to each applicable collective bargaining agreement in
effect for those public schools as necessary to implement the
school intervention model and that meets the requirements of
subsection (8). With respect to those public schools, the chief
executive officer has all of the same powers and duties that the
state school reform/redesign officer has for public schools placed
in the state school reform/redesign school district under
subsection (6). The chief executive officer shall regularly submit
monitoring reports to the state school reform/redesign officer on
the implementation and results of the intervention model in the
form and manner, and according to a schedule, as determined by the
state school reform/redesign officer. The chief executive officer
shall exercise any other powers or duties over the public schools
as may be directed by the superintendent of public instruction.
(8) An addendum to a collective bargaining agreement under
this section shall provide for any of the following that are
necessary for the applicable school intervention model to be
implemented at each affected public school:
(a) That any contractual or other seniority system that would
otherwise be applicable shall not apply at the public school. This
subdivision does not allow unilateral changes in pay scales or
benefits.
(b) That any contractual or other work rules that are
impediments to implementing the redesign plan shall not apply at
the public school. This subdivision does not allow unilateral
changes in pay scales or benefits.
(c) That the state school reform/redesign officer shall direct
the expenditure of all funds attributable to pupils at the public
school and the principal or other school leader designated by the
state school reform/redesign officer shall have full autonomy and
control over curriculum and discretionary spending at the public
school.
(9) The superintendent of public instruction shall hire a
state school reform/redesign officer to carry out the functions
under this section and as otherwise prescribed by law. The state
school reform/redesign officer shall be chosen solely on the basis
of his or her competence and experience in educational reform and
redesign. The state school reform/redesign officer is exempt from
civil service. The state school reform/redesign officer is
responsible directly to the superintendent of public instruction to
ensure that the purposes of this section are carried out, and
accordingly the position of state school reform/redesign officer
should be a position within the department that is exempt from the
classified state civil service. The department shall request that
the civil service commission establish the position of state school
reform/redesign officer as a position that is exempt from the
classified state civil service.
(10) If the state school reform/redesign officer imposes the
restart model for a public school in the state school
reform/redesign school district, or a chief executive officer under
subsection (7) imposes the restart model for multiple public
schools under that subsection, all of the following apply:
(a) The state school reform/redesign officer or chief
executive officer shall enter into an agreement with an educational
management organization to manage and operate the public school or
schools. The state school reform/redesign officer or chief
executive officer shall provide sufficient oversight to ensure that
the public school or schools will be operated according to all of
the requirements for a restart model.
(b) There shall be considered to be no collective bargaining
agreement in effect that applies to employees working at the public
school or schools under this model at the time of imposition of the
model.
(11) If the state school reform/redesign officer imposes the
turnaround model for a public school in the state school
reform/redesign school district, or a chief executive officer under
subsection (7) imposes the turnaround model for multiple public
schools under that subsection, all of the following apply:
(a) A collective bargaining agreement that applies to
employees working at the public school or schools under this model
at the time of imposition of the model, and any successor
collective bargaining agreement, continues to apply with respect to
pay scales and benefits.
(b) Subject to any addendum to the collective bargaining
agreement that applies to the public school or schools, an employee
who is working at the public school or schools and who was
previously employed in the same school district that previously
operated that school shall continue to retain and accrue seniority
rights in that school district according to the collective
bargaining agreement that applies to employees of that school
district.
(12) If more than 9 public schools operated by a school
district are on the list under subsection (1), the transformation
model may not be implemented for more than 50% of those schools.
(13) If the state school reform/redesign officer determines
that a public school that is subject to the measures under
subsection (6) or (7) has made significant improvement in pupil
achievement and should be released from the measures that have been
imposed under subsection (6) or (7), the state school
reform/redesign officer may recommend this to the superintendent of
public instruction. If the superintendent of public instruction
agrees with the determination and recommendation, the
superintendent of public instruction may release the public school
from the measures that have been imposed under subsection (6) or
(7).
(14) At least annually, the state school reform/redesign
officer shall submit a report to the standing committees of the
senate and house of representatives having jurisdiction over
education legislation on the progress being made in improving pupil
proficiency due to the measures under this section.
(15) As soon as practicable after the federal department of
education has adopted the final work rules and formula for
identifying the lowest achieving 5% of all public schools in this
state for the purposes of the federal incentive grant program
created under sections 14005 and 14006 of title XIV of the American
recovery and reinvestment act of 2009, Public Law 111-5, known as
the "race to the top" grant program, the department shall post all
of the following on its website:
(a) The federal work rules and formula.
(b) A list of the public schools in this state that have been
identified for these purposes as being among the lowest achieving
5% of all public schools in this state. The department shall update
this list as it considers appropriate.
(16) If a school that is included on the list under subsection
(1) is operated by a school district in which an emergency manager
is in place under the local government and school district fiscal
accountability act, 2011 PA 4, MCL 141.1501 to 141.1531, then the
superintendent of public instruction shall not issue an order
placing the school under the supervision of the state school
reform/redesign officer. However, if a parental petition meeting
the requirements of subsections (18) and (19) has been submitted
and is certified by the department, the emergency manager and the
state school reform/redesign officer shall implement the school
intervention model and redesign plan recommended in the parental
petition with the emergency manager acting in the capacity of the
school board.
(17) Within 7 days after a public school is placed under the
supervision of the state school reform/redesign officer under
subsection (2), the school board or board of directors operating
the public school shall issue a written notification to the parent
or legal guardian of each pupil enrolled in the public school and
shall publish this notification on its internet website homepage.
This notification shall include all of the following:
(a) An explanation that the public school has been placed
under the supervision of the state school reform/redesign officer
due to its pupil performance and that, unless a petition is
submitted to the department by the parents of the pupils at the
school recommending a school intervention model, the school board
or board of directors will work with the state school
reform/redesign officer to adopt and implement a school
intervention model and redesign plan for the school, as provided
under this section.
(b) An explanation of each school intervention model that is
available as an option to the school board or board of directors
and to the parents and legal guardians.
(c) An explanation of the process, requirements, and timeline
for eligible parents and legal guardians to submit a parental
petition to the department to recommend a school intervention model
under subsection (18). This explanation shall include a description
of who is an eligible parent or legal guardian, the percentage of
eligible parents and legal guardians that must sign a parental
petition for it to be effective under subsection (18), the actual
total number that would be required to meet that percentage, and
the deadline and process for submitting the parental petition.
(d) A description of the consequences of a school intervention
model recommended by a parental petition under this subsection
compared to the consequences of a redesign plan implemented under
subsection (2), including the different consequences with regard to
being placed in the state school reform/redesign school district.
(18) Within 90 days after a public school is placed under the
supervision of the state school reform/redesign officer under
subsection (2), a parental petition may be submitted to the
department recommending a single school intervention model to be
implemented for the public school in a redesign plan. Within 30
days of receiving a parental petition, the department shall do both
of the following:
(a) Forward a copy of the petition to the school board or
board of directors operating the public school, the intermediate
school district in which the public school is located, and the
state school reform/redesign officer.
(b) Examine the petition to determine if it contains the
number of valid signatures required under subsection (19) and a
single school intervention model to be implemented for the public
school in a redesign plan.
(19) If the department certifies that a parental petition
submitted under subsection (18) has been submitted within the
applicable time limit, contains the valid signatures of at least
60% of the eligible parents or legal guardians, or of at least 51%
of the eligible parents or legal guardians and at least 60% of the
eligible teachers, and recommends a school intervention model that
may be implemented for the public school in a redesign plan under
this section, then all of the following apply:
(a) The department shall notify the person submitting the
parental petition and the school board or board of directors
operating the public school that the petition has been certified.
(b) If the school intervention model that is recommended in
the petition is a restructuring option other than the restart
model, the school board or board of directors shall work with the
state school reform/redesign officer to implement the recommended
school intervention model in a redesign plan for the following
school year. However, if the school board or board of directors has
already adopted and has implemented or is in the process of
implementing a redesign plan at the time the petition is submitted,
the school board or board of directors and the state school
reform/redesign officer shall incorporate elements of the parental
petition to the extent that those elements are consistent with the
redesign plan that has already been adopted.
(c) If the school intervention model that is recommended in
the petition is the restart model, and if the public school is not
a public school academy, the parents and legal guardians may submit
to an authorizing body an application for a contract to operate the
public school as a conversion school as provided under part 6d. If
a contract to operate the public school as a conversion school is
obtained under part 6d, then the public school shall be operated as
a conversion school under part 6d beginning in the following school
year. If the parental petition recommended the restart model but an
application for a contract to operate the public school as a
conversion school under part 6d is not submitted or if the
applicants are unable to obtain a contract to operate the public
school as a conversion school within 60 days after the petition is
certified, or if the public school is a public school academy, then
all of the following apply:
(i) The school board or board of directors shall work with the
state school reform/redesign officer to implement the restart model
for the following school year in the manner provided under
subsection (10).
(ii) If the school board or board of directors does not
implement the restart model, the state school reform/redesign
officer shall issue an order placing the public school in the state
school reform/redesign school district, imposing for the public
school implementation of 1 of the 4 school intervention models
described in subsection (2) beginning with the beginning of the
next school year, and imposing an addendum to each applicable
collective bargaining agreement in effect for the public school as
necessary to implement the school intervention model and that meets
the requirements of subsection (8).
(20) If the department determines not to certify a parental
petition submitted under subsection (18) because the petition
either does not contain a sufficient number of valid signatures of
the eligible parents or legal guardians or does not recommend a
single school intervention model that may be implemented under this
section, then the department shall notify the person submitting the
parental petition and the school board or board of directors
operating the public school that the department has determined not
to certify the parental petition and the reasons for the
determination. This determination may be appealed as a final
decision or order in a contested case as provided under the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
(21) The eligible parents and legal guardians for a public
school may create a parental advisory committee to work with the
school board or board of directors and with the state school
reform/redesign officer to implement the recommended school
intervention model and redesign plan under subsection (19)(b).
(22) The superintendent of public instruction shall promulgate
rules to implement subsections (17) to (21). The rules shall
address at least the form and content of a parental petition, the
process for submission of a parental petition to the department,
and a process for notifying the person submitting the parental
petition.
(23) A person who circulates or otherwise seeks to obtain
signatures on a parental petition under this section shall not
offer or provide any money, gift, or other compensation in exchange
for a signature on the parental petition. A person shall not coerce
or intimidate another person with respect to signing or declining
to sign a parental petition under this section.
(24) If the school board or board of directors finds that
there is reason to believe that there may be fraud or a violation
of subsection (23) in connection with the signatures on a parental
petition submitted under this section, the school board or board of
directors shall refer its findings to the appropriate county
prosecutor for possible criminal action.
(25) If a school board or board of directors implements the
school intervention model that is recommended in a parental
petition under subsection (18) and included in the redesign plan
under subsection (19)(b) or if a contract is obtained under part 6d
to operate the public school as a conversion school, as described
in subsection (19)(c), the state school reform/redesign officer may
not issue an order placing the public school in the state school
reform/redesign school district until after the expiration of 5
years after the beginning of the first school year in which the
school intervention model is implemented or the public school is
operated as a conversion school under part 6d.
(26) As used in this section:
(a) "Eligible parent or legal guardian" means the parent or
legal guardian of a pupil enrolled in the public school that is the
subject of the parental petition if the pupil is enrolled in the
public school on the first day of the applicable school year, or
becomes enrolled in the public school after the first day of the
applicable school year but before submission of the parental
petition under subsection (18), and the pupil remains enrolled in
the public school at the time the parental petition is submitted
under subsection (18).
(b) "Eligible teacher" means a teacher employed and working
full time at the public school to be converted at the time the
parental petition is submitted under subsection (18).
