Bill Text: MI SB0624 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Education; school choice; geographic requirements for schools of choice; remove, and require districts to participate based on available space. Amends secs. 6 & 105 of 1979 PA 94 (MCL 388.1606 & 388.1705) & repeals sec. 105c of 1979 PA 94 (MCL 388.1705c). TIE BAR WITH: SB 0618'11, SB 0619'11, SB 0620'11, SB 0621'11
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-09-07 - Referred To Committee On Education [SB0624 Detail]
Download: Michigan-2011-SB0624-Introduced.html
SENATE BILL No. 624
September 7, 2011, Introduced by Senator PAVLOV and referred to the Committee on Education.
A bill to amend 1979 PA 94, entitled
"The state school aid act of 1979,"
by amending sections 6 and 105 (MCL 388.1606 and 388.1705), section
6 as amended by 2011 PA 62 and section 105 as amended by 2008 PA
268; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 6. (1) "Center program" means a program operated by a
district or by an intermediate district for special education
pupils from several districts in programs for pupils with autism
spectrum disorder, pupils with severe cognitive impairment, pupils
with moderate cognitive impairment, pupils with severe multiple
impairments, pupils with hearing impairment, pupils with visual
impairment, and pupils with physical impairment or other health
impairment. Programs for pupils with emotional impairment housed in
buildings that do not serve regular education pupils also qualify.
Unless otherwise approved by the department, a center program
either shall serve all constituent districts within an intermediate
district or shall serve several districts with less than 50% of the
pupils residing in the operating district. In addition, special
education center program pupils placed part-time in noncenter
programs to comply with the least restrictive environment
provisions of section 612 of part B of the individuals with
disabilities education act, 20 USC 1412, may be considered center
program pupils for pupil accounting purposes for the time scheduled
in either a center program or a noncenter program.
(2) "District and high school graduation rate" means the
annual completion and pupil dropout rate that is calculated by the
center pursuant to nationally recognized standards.
(3) "District and high school graduation report" means a
report of the number of pupils, excluding adult participants, in
the district for the immediately preceding school year, adjusted
for those pupils who have transferred into or out of the district
or high school, who leave high school with a diploma or other
credential of equal status.
(4) "Membership", except as otherwise provided in this
article, means for a district, public school academy, university
school, or 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. All pupil counts
used in this subsection are as determined by the department and
calculated by adding the number of pupils registered for attendance
plus pupils received by transfer and minus pupils lost as defined
by rules promulgated by the superintendent, and as corrected by a
subsequent department audit. For the purposes of this section and
section 6a, for a school of excellence that is a cyber school, as
defined in section 551 of the revised school code, MCL 380.551, and
is in compliance with section 553a of the revised school code, MCL
380.553a, a pupil's participation in the cyber school's educational
program is considered regular daily attendance. The amount of the
foundation allowance for a pupil in membership is determined under
section 20. In making the calculation of membership, all of the
following, as applicable, apply to determining the membership of a
district, public school academy, university school, or intermediate
district:
(a) Except as otherwise provided in this subsection, and
pursuant to subsection (6), a pupil shall be counted in membership
in the pupil's educating district or districts. An individual pupil
shall not be counted for more than a total of 1.0 full-time equated
membership.
(b) If a pupil is educated in a district other than the
pupil's district of residence, if the pupil is not being educated
as part of a cooperative education program, if the pupil's district
of residence does not give the educating district its approval to
count the pupil in membership in the educating district, and if the
pupil is not covered by an exception specified in subsection (6) to
the requirement that the educating district must have the approval
of the pupil's district of residence to count the pupil in
membership, the pupil shall not be counted in membership in any
district.
(c) A special education pupil educated by the intermediate
district shall be counted in membership in the intermediate
district.
(d) A pupil placed by a court or state agency in an on-grounds
program of a juvenile detention facility, a child caring
institution, or a mental health institution, or a pupil funded
under section 53a, shall be counted in membership in the district
or intermediate district approved by the department to operate the
program.
(e) A pupil enrolled in the Michigan schools for the deaf and
blind shall be counted in membership in the pupil's intermediate
district of residence.
(f) A pupil enrolled in a career and technical education
program supported by a millage levied over an area larger than a
single district or in an area vocational-technical education
program established pursuant to section 690 of the revised school
code, MCL 380.690, shall be counted only in the pupil's district of
residence.
(g) A pupil enrolled in a university school shall be counted
in membership in the university school.
(h) A pupil enrolled in a public school academy shall be
counted in membership in the public school academy.
(i) For a new district, university school, or public school
academy beginning its operation after December 31, 1994, membership
for the first 2 full or partial fiscal years of operation shall be
determined as follows:
(i) If operations begin before the pupil membership count day
for the fiscal year, membership is the average number of full-time
equated pupils in grades K to 12 actually enrolled and in regular
daily attendance on the pupil membership count day for the current
school year and on the supplemental count day for the current
school year, as determined by the department and calculated by
adding the number of pupils registered for attendance on the pupil
membership count day plus pupils received by transfer and minus
pupils lost as defined by rules promulgated by the superintendent,
and as corrected by a subsequent department audit, plus the final
audited count from the supplemental count day for the current
school year, and dividing that sum by 2.
(ii) If operations begin after the pupil membership count day
for the fiscal year and not later than the supplemental count day
for the fiscal year, membership is the final audited count of the
number of full-time equated pupils in grades K to 12 actually
enrolled and in regular daily attendance on the supplemental count
day for the current school year.
(j) If a district is the authorizing body for a public school
academy, then, in the first school year in which pupils are counted
in membership on the pupil membership count day in the public
school academy, the determination of the district's membership
shall exclude from the district's pupil count for the immediately
preceding supplemental count day any pupils who are counted in the
public school academy on that first pupil membership count day who
were also counted in the district on the immediately preceding
supplemental count day.
(k) In a district, public school academy, university school,
or intermediate district operating an extended school year program
approved by the superintendent, a pupil enrolled, but not scheduled
to be in regular daily attendance on a pupil membership count day,
shall be counted.
(l) Pupils to be counted in membership shall be not less than 5
years of age on December 1 and less than 20 years of age on
September 1 of the school year except as follows:
(i) A special education pupil who is enrolled and receiving
instruction in a special education program or service approved by
the department, who does not have a high school diploma, and who is
less than 26 years of age as of September 1 of the current school
year shall be counted in membership.
(ii) A pupil who is determined by the department to meet all of
the following may be counted in membership:
(A) Is enrolled in a public school academy or an alternative
education high school diploma program, that is primarily focused on
educating homeless pupils and that is located in a city with a
population of more than 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 student with a
disability as defined in R 340.1702 of the Michigan administrative
code. An individual participating in a job training program funded
under former section 107a or a jobs program funded under former
section 107b, administered by the Michigan strategic fund or the
workforce development agency, or participating in any successor of
either of those 2 programs, shall not be counted in membership.
(n) If a pupil counted in membership in a public school
academy is also educated by a district or intermediate district as
part of a cooperative education program, the pupil shall be counted
in membership only in the public school academy unless a written
agreement signed by all parties designates the party or parties in
which the pupil shall be counted in membership, and the
instructional time scheduled for the pupil in the district or
intermediate district shall be included in the full-time equated
membership determination under subdivision (q). However, for pupils
receiving instruction in both a public school academy and in a
district or intermediate district but not as a part of a
cooperative education program, the following apply:
(i) If the public school academy provides instruction for at
least 1/2 of the class hours specified in subdivision (q), the
public school academy shall receive as its prorated share of the
full-time equated membership for each of those pupils an amount
equal to 1 times the product of the hours of instruction the public
school academy provides divided by the number of hours specified in
subdivision (q) for full-time equivalency, and the remainder of the
full-time membership for each of those pupils shall be allocated to
the district or intermediate district providing the remainder of
the hours of instruction.
(ii) If the public school academy provides instruction for less
than 1/2 of the class hours specified in subdivision (q), the
district or intermediate district providing the remainder of the
hours of instruction shall receive as its prorated share of the
full-time equated membership for each of those pupils an amount
equal to 1 times the product of the hours of instruction the
district or intermediate district provides divided by the number of
hours specified in subdivision (q) for full-time equivalency, and
the remainder of the full-time membership for each of those pupils
shall be allocated to the public school academy.
(o) An individual less than 16 years of age as of September 1
of the current school year who is being educated in an alternative
education program shall not be counted in membership if there are
also adult education participants being educated in the same
program or classroom.
(p) The department shall give a uniform interpretation of
full-time and part-time memberships.
(q) The number of class hours used to calculate full-time
equated memberships shall be consistent with section 101(3). In
determining full-time equated memberships for pupils who are
enrolled in a postsecondary institution, a pupil shall not be
considered to be less than a full-time equated pupil solely because
of the effect of his or her postsecondary enrollment, including
necessary travel time, on the number of class hours provided by the
district to the pupil.
(r) 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. However, beginning in 2012-2013,
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 the same number used
for determining full-time equated memberships for pupils in grades
1 to 12.
(s) For a district, university school, or public school
academy that has pupils enrolled in a grade level that was not
offered by the district, university school, or public school
academy in the immediately preceding school year, the number of
pupils enrolled in that grade level to be counted in membership is
the average of the number of those pupils enrolled and in regular
daily attendance on the pupil membership count day and the
supplemental count day of the current school year, as determined by
the department. Membership shall be calculated by adding the number
of pupils registered for attendance in that grade level on the
pupil membership count day plus pupils received by transfer and
minus pupils lost as defined by rules promulgated by the
superintendent, and as corrected by subsequent department audit,
plus the final audited count from the supplemental count day for
the current school year, and dividing that sum by 2.
(t) A pupil enrolled in a cooperative education program may be
counted in membership in the pupil's district of residence with the
written approval of all parties to the cooperative agreement.
(u) If, as a result of a disciplinary action, a district
determines through the district's alternative or disciplinary
education program that the best instructional placement for a pupil
is in the pupil's home or otherwise apart from the general school
population, if that placement is authorized in writing by the
district superintendent and district alternative or disciplinary
education supervisor, and if the district provides appropriate
instruction as described in this subdivision to the pupil at the
pupil's home or otherwise apart from the general school population,
the district may count the pupil in membership on a pro rata basis,
with the proration based on the number of hours of instruction the
district actually provides to the pupil divided by the number of
hours specified in subdivision (q) for full-time equivalency. For
the purposes of this subdivision, a district shall be considered to
be providing appropriate instruction if all of the following are
met:
(i) The district provides at least 2 nonconsecutive hours of
instruction per week to the pupil at the pupil's home or otherwise
apart from the general school population under the supervision of a
certificated teacher.
(ii) The district provides instructional materials, resources,
and supplies, except computers, that are comparable to those
otherwise provided in the district's alternative education program.
(iii) Course content is comparable to that in the district's
alternative education program.
(iv) Credit earned is awarded to the pupil and placed on the
pupil's transcript.
(v) A pupil enrolled in an alternative or disciplinary
education program described in section 25 shall be counted in
membership in the district or public school academy that is
educating the pupil.
(w) If a pupil was enrolled in a public school academy on the
pupil membership count day, if the public school academy's contract
with its authorizing body is revoked or the public school academy
otherwise ceases to operate, and if the pupil enrolls in a district
within 45 days after the pupil membership count day, the department
shall adjust the district's pupil count for the pupil membership
count day to include the pupil in the count.
(x) For a public school academy that has been in operation for
at least 2 years and that suspended operations for at least 1
semester and is resuming operations, membership is the sum of the
product of .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 in which a former pupil
of the public school academy enrolls and is in regular daily
attendance for the next school year to ensure that the district
receives the same amount of membership aid for the pupil as if the
pupil were counted in the district on the supplemental count day of
the preceding school year.
(aa) Full-time equated memberships for preprimary-aged special
education pupils who are not enrolled in kindergarten but are
enrolled in a classroom program under R 340.1754 of the Michigan
administrative code shall be determined by dividing the number of
class hours scheduled and provided per year by 450. Full-time
equated memberships for preprimary-aged special education pupils
who are not enrolled in kindergarten but are receiving 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 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.
(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
person must be a resident of this state to be counted as a pupil in
membership. A district must have the approval of the pupil's
district of residence to count the pupil in membership, except
approval by the pupil's district of residence is not required for
any of the following:
(a) A nonpublic part-time pupil enrolled in grades 1 to 12 in
accordance with section 166b.
(b) A pupil receiving 1/2 or less of his or her instruction in
a district other than the pupil's district of residence.
(c) A pupil enrolled in a public school academy or university
school.
(d) A pupil enrolled in a district other than the pupil's
district of residence under an intermediate district schools of
choice pilot program as described in section 91a or former section
91 if the intermediate district and its constituent districts have
been exempted from section 105.
(e) A pupil enrolled in a district other than the pupil's
district of residence if the pupil is enrolled in accordance with
section
105. or 105c.
(f) A pupil who has made an official written complaint or
whose parent or legal guardian has made an official written
complaint to law enforcement officials and to school officials of
the pupil's district of residence that the pupil has been the
victim of a criminal sexual assault or other serious assault, if
the official complaint either indicates that the assault occurred
at school or that the assault was committed by 1 or more other
pupils enrolled in the school the pupil would otherwise attend in
the district of residence or by an employee of the district of
residence. A person who intentionally makes a false report of a
crime to law enforcement officials for the purposes of this
subdivision is subject to section 411a of the Michigan penal code,
1931 PA 328, MCL 750.411a, which provides criminal penalties for
that conduct. As used in this subdivision:
(i) "At school" means in a classroom, elsewhere on school
premises, on a school bus or other school-related vehicle, or at a
school-sponsored activity or event whether or not it is held on
school premises.
(ii) "Serious assault" means an act that constitutes a felony
violation of chapter XI of the Michigan penal code, 1931 PA 328,
MCL 750.81 to 750.90g, or that constitutes an assault and
infliction of serious or aggravated injury under section 81a of the
Michigan penal code, 1931 PA 328, MCL 750.81a.
(g) A pupil whose district of residence changed after the
pupil membership count day and before the supplemental count day
and who continues to be enrolled on the supplemental count day as a
nonresident in the district in which he or she was enrolled as a
resident on the pupil membership count day of the same school year.
(h) A pupil enrolled in an alternative education program
operated by a district other than his or her district of residence
who meets 1 or more of the following:
(i) The pupil has been suspended or expelled from his or her
district of residence for any reason, including, but not limited
to, a suspension or expulsion under section 1310, 1311, or 1311a of
the revised school code, MCL 380.1310, 380.1311, and 380.1311a.
(ii) The pupil had previously dropped out of school.
(iii) The pupil is pregnant or is a parent.
(iv) The pupil has been referred to the program by a court.
(v) The pupil is enrolled in an alternative or disciplinary
education program described in section 25.
(i) A pupil enrolled in the Michigan virtual high school, for
the pupil's enrollment in the Michigan virtual high school.
(j) A pupil who is the child of a person who works at the
district or who is the child of a person who worked at the district
as of the time the pupil first enrolled in the district but who no
longer works at the district due to a workforce reduction. As used
in this subdivision, "child" includes an adopted child, stepchild,
or legal ward.
(k) An expelled pupil who has been denied reinstatement by the
expelling district and is reinstated by another school board under
section 1311 or 1311a of the revised school code, MCL 380.1311 and
380.1311a.
(l) A pupil enrolled in a district other than the pupil's
district of residence in a 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.
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, intermediate district, or public school
academy before the pupil membership count day or supplemental count
day of a particular year but was expelled or suspended on the pupil
membership count day or supplemental count day shall only be
counted as 1.0 full-time equated membership if the pupil resumed
attendance in the district, intermediate district, or public school
academy within 45 days after the pupil membership count day or
supplemental count day of that particular year. Pupils not counted
as 1.0 full-time equated membership due to an absence from a class
shall be counted as a prorated membership for the classes the pupil
attended. For purposes of this subsection, "class" means a period
of time in 1 day when pupils and a certificated teacher or legally
qualified substitute teacher are together and instruction is taking
place.
(9) "Rule" means a rule promulgated pursuant to the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
(10) "The revised school code" means 1976 PA 451, MCL 380.1 to
380.1852.
(11) "School district of the first class", "first class school
district", and "district of the first class" mean a district that
had at least 60,000 pupils in membership for the immediately
preceding fiscal year.
(12) "School fiscal year" means a fiscal year that commences
July 1 and continues through June 30.
(13) "State board" means the state board of education.
(14) "Superintendent", unless the context clearly refers to a
district or intermediate district superintendent, means the
superintendent of public instruction described in section 3 of
article VIII of the state constitution of 1963.
(15) "Supplemental count day" means the day on which the
supplemental pupil count is conducted under section 6a.
(16) "Tuition pupil" means a pupil of school age attending
school in a district other than the pupil's district of residence
for whom tuition may be charged. Tuition pupil does not include a
pupil who is a special education pupil or a pupil described in
subsection (6)(c) to (o). A pupil's district of residence shall not
require a high school tuition pupil, as provided under section 111,
to attend another school district after the pupil has been assigned
to a school district.
(17) "State school aid fund" means the state school aid fund
established in section 11 of article IX of the state constitution
of 1963.
(18) "Taxable value" means the taxable value of property as
determined under section 27a of the general property tax act, 1893
PA 206, MCL 211.27a.
(19) "Textbook" means a book, electronic book, or other
instructional print or electronic resource that is selected and
approved by the governing board of a district and that contains a
presentation of principles of a subject, or that is a literary work
relevant to the study of a subject required for the use of
classroom pupils, or another type of course material that forms the
basis of classroom instruction.
(20) "Total state aid" or "total state school aid" means the
total combined amount of all funds due to a district, intermediate
district, or other entity under all of the provisions of this
article.
(21) "University school" means an instructional program
operated by a public university under section 23 that meets the
requirements of section 23.
Sec. 105. (1) In order to avoid a penalty under this section,
and
in order to count a nonresident pupil residing within the same
intermediate
district in membership without the
approval of the
pupil's district of residence, a district shall comply with this
section.
(2) Except as otherwise provided in this section, a district
shall
determine whether or not it will has capacity to accept
applications
for enrollment by nonresident applicants residing
within
the same intermediate district for
the next school year. If
the district determines that it has the capacity to accept
applications for enrollment of a number of nonresidents, beyond
those entitled to preference under this section, the district shall
use the following procedures for accepting applications from and
enrolling nonresidents:
(a) The district shall publish the grades, schools, and
special programs, if any, for which enrollment may be available to,
and for which applications will be accepted from, nonresident
applicants. residing
within the same intermediate district.
(b) If the district has a limited number of positions
available
for nonresidents residing within the same intermediate
district
in a grade, school, or program, all
of the following apply
to accepting applications for and enrollment of nonresidents in
that grade, school, or program:
(i) The district shall do all of the following not later than
the second Friday in August:
(A) Provide notice to the general public that applications
will be taken for a period of at least 15 calendar days but not
more
than 30 calendar days from nonresidents residing within the
same
intermediate district for
enrollment in that grade, school, or
program. The notice shall identify the dates of the application
period and the place and manner for submitting applications.
(B) During the application period under sub-subparagraph (A),
accept
applications from nonresidents residing within the same
intermediate
district for enrollment in that
grade, school, or
program.
(C) Within 15 calendar days after the end of the application
period under sub-subparagraph (A), using the procedures and
preferences required under this section, determine which
nonresident applicants will be allowed to enroll in that grade,
school, or program, using the random draw system required under
subsection (14) as necessary, and notify the parent or legal
guardian of each nonresident applicant of whether or not the
applicant may enroll in the district. The notification to parents
or legal guardians of nonresident applicants accepted for
enrollment shall contain notification of the date by which the
applicant must enroll in the district and procedures for
enrollment. The date for enrollment shall be no later than the end
of the first week of school.
(ii) Beginning on the third Monday in August and not later than
the end of the first week of school, if any positions become
available in a grade, school, or program due to accepted applicants
failing to enroll or to more positions being added, the district
may
shall enroll nonresident applicants from the waiting list
maintained under subsection (14), offering enrollment in the order
that applicants appear on the waiting list. If there are still
positions available after enrolling all applicants from the waiting
list who desire to enroll, the district may not fill those
positions until the second semester or trimester enrollment under
subsection (3), as provided under that subsection, or until the
next school year.
(c) For a grade, school, or program that has an unlimited
number
of positions available for nonresidents, residing within the
same
intermediate district, all of the
following apply to
enrollment of nonresidents in that grade, school, or program:
(i) The district may shall accept
applications for enrollment
in
that grade, school, or program, and may shall enroll
nonresidents residing within the same intermediate district in that
grade, school, or program, until the end of the first week of
school. The district shall provide notice to the general public of
the place and manner for submitting applications and, if the
district has a limited application period, the notice shall include
the dates of the application period. The application period shall
be at least a 15-calendar-day period.
(ii) Not later than the end of the first week of school, the
district shall notify the parent or legal guardian of each
nonresident applicant who is accepted for enrollment that the
applicant has been accepted for enrollment in the grade, school, or
program and of the procedures for enrollment. The date for
enrollment shall be no later than the end of the first week of
school.
(3) If a district determines during the first semester or
trimester of a school year that it has positions available for
enrollment
of a number of nonresidents, residing within the same
intermediate
district, beyond those entitled to
preference under
this section, for the second semester or trimester of the school
year,
the district may shall accept applications from and enroll
nonresidents
residing within the same intermediate district for the
second semester or trimester using the following procedures:
(a) Not later than 2 weeks before the end of the first
semester or trimester, the district shall publish the grades,
schools, and special programs, if any, for which enrollment for the
second semester or trimester may be available to, and for which
applications will be accepted from, nonresident applicants.
residing
within the same intermediate district.
(b) During the last 2 weeks of the first semester or
trimester, the district shall accept applications from nonresidents
residing
within the same intermediate district for
enrollment for
the second semester or trimester in the available grades, schools,
and programs.
(c) By the beginning of the second semester or trimester,
using the procedures and preferences required under this section,
the district shall determine which nonresident applicants will be
allowed to enroll in the district for the second semester or
trimester and notify the parent or legal guardian of each
nonresident
applicant residing within the same intermediate
district
of whether or not the applicant may
enroll in the
district. The notification to parents or legal guardians of
nonresident applicants accepted for enrollment shall contain
notification of the date by which the applicant must enroll in the
district and procedures for enrollment. The date for enrollment
shall be no later than the end of the first week of school.
(4) If deadlines similar to those described in subsection (2)
or (3) have been established in an intermediate district, and if
those deadlines are not later than the deadlines under subsection
(2) or (3), the districts within the intermediate district may use
those deadlines.
(5)
A district offering to enroll nonresident applicants
residing
within the same intermediate district may
limit the number
of nonresident pupils it accepts in a grade, school, or program
based on available capacity, at its discretion, and may use that
limit as the reason for refusal to enroll an applicant.
(6)
A nonresident applicant residing within the same
intermediate
district shall not be granted or
refused enrollment
based on intellectual, academic, artistic, or other ability,
talent, or accomplishment, or lack thereof, or based on a mental or
physical disability, except that a district may refuse to admit a
nonresident applicant if the applicant does not meet the same
criteria, other than residence, that an applicant who is a resident
of the district must meet to be accepted for enrollment in a grade
or a specialized, magnet, or intra-district choice school or
program to which the applicant applies.
(7)
A nonresident applicant residing within the same
intermediate
district shall not be granted or
refused enrollment
based on age, except that a district may refuse to admit a
nonresident applicant applying for a program that is not
appropriate for the age of the applicant.
(8)
A nonresident applicant residing within the same
intermediate
district shall not be granted or
refused enrollment
based upon religion, race, color, national origin, sex, height,
weight, marital status, or athletic ability, or, generally, in
violation of any state or federal law prohibiting discrimination.
(9) Subject to subsection (10), a district may refuse to
enroll a nonresident applicant if any of the following are met:
(a) The applicant is, or has been within the preceding 2
years, suspended from another school.
(b) The applicant, at any time before enrolling under this
section, has been expelled from another school.
(c) The applicant, at any time before enrolling under this
section, has been convicted of a felony.
(10) If a district has counted a pupil in membership on either
the pupil membership count day or the supplemental count day, the
district shall not refuse to enroll or refuse to continue to enroll
that pupil for a reason specified in subsection (9). This
subsection does not prohibit a district from expelling a pupil
described in this subsection for disciplinary reasons.
(11) A district shall continue to allow a pupil who was
enrolled in and attended the district under this section in the
school year or semester or trimester immediately preceding the
school year or semester or trimester in question to enroll in the
district until the pupil graduates from high school. This
subsection does not prohibit a district from expelling a pupil
described in this subsection for disciplinary reasons.
(12) A district shall give preference for enrollment under
this
section over all other nonresident applicants residing within
the
same intermediate district to other
school-age children who
reside in the same household as a pupil described in subsection
(11).
(13) If a nonresident pupil was enrolled in and attending
school in a district as a nonresident pupil in the 1995-96 school
year and continues to be enrolled continuously each school year in
that district, the district shall allow that nonresident pupil to
continue to enroll in and attend school in the district until high
school graduation, without requiring the nonresident pupil to apply
for enrollment under this section. This subsection does not
prohibit a district from expelling a pupil described in this
subsection for disciplinary reasons.
(14) If the number of qualified nonresident applicants
eligible for acceptance in a school, grade, or program does not
exceed the positions available for nonresident pupils in the
school, grade, or program, the school district shall accept for
enrollment all of the qualified nonresident applicants eligible for
acceptance. If the number of qualified nonresident applicants
residing
within the same intermediate district eligible
for
acceptance exceeds the positions available in a grade, school, or
program in a district for nonresident pupils, the district shall
use a random draw system, subject to the need to abide by state and
federal antidiscrimination laws and court orders and subject to
preferences allowed by this section. The district shall develop and
maintain a waiting list based on the order in which nonresident
applicants were drawn under this random draw system.
(15) If a district, or the nonresident applicant, requests the
district in which a nonresident applicant resides to supply
information needed by the district for evaluating the applicant's
application for enrollment or for enrolling the applicant, the
district of residence shall provide that information on a timely
basis.
(16) If a district is subject to a court-ordered desegregation
plan, and if the court issues an order prohibiting pupils residing
in that district from enrolling in another district or prohibiting
pupils residing in another district from enrolling in that
district, this section is subject to the court order.
(17) This section does not require a district to provide
transportation for a nonresident pupil enrolled in the district
under this section or for a resident pupil enrolled in another
district under this section. However, at the time a nonresident
pupil enrolls in the district, a district shall provide to the
pupil's parent or legal guardian information on available
transportation to and from the school in which the pupil enrolls.
(18) A district may participate in a cooperative education
program with 1 or more other districts or intermediate districts
whether or not the district enrolls any nonresidents pursuant to
this section.
(19) The following apply to enrollment under this section of a
nonresident pupil 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:
(a)
A district that, pursuant to this
section, enrolls a
nonresident
pupil 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, If
the nonresident pupil resides
within the same intermediate district, the district that enrolls
the pupil shall be considered to be the resident district of the
pupil for the purpose of providing the pupil with a free
appropriate public education. Consistent with state and federal
law, that district is responsible for developing and implementing
an individualized education plan annually for a nonresident pupil
described in this subsection.
(b) If the nonresident pupil does not reside within the same
intermediate district, then a district or intermediate district
shall not enroll the pupil unless the enrolling district or
intermediate district has a written agreement with the resident
district of the pupil for the purpose of providing the pupil with a
free appropriate public education. The written agreement shall
include, but is not limited to, an agreement on the responsibility
for the payment of the added costs of special education programs
and services for the pupil. The written agreement shall address how
the agreement shall be amended in the event of significant changes
in the costs or level of special education programs or services
required by the pupil.
(20) If a district does not comply with this section, the
district forfeits 5% of the total state school aid allocation to
the district under this act.
(21) Upon application by a district, the superintendent may
grant a waiver for the district from a specific requirement under
this section for not more than 1 year.
Enacting section 1. Section 105c of the state school aid act
of 1979, 1979 PA 94, MCL 388.1705c, is repealed.
Enacting section 2. 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. 620.
(b) Senate Bill No. 618.
(c) Senate Bill No. 619.
(d) Senate Bill No. 621.
