Bill Text: MI SB0757 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Education; graduation requirements; mathematics course requirements and requirements for educational development plan; revise. Amends sec. 1278b of 1976 PA 451 (MCL 380.1278b).
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2010-05-25 - Assigned Pa 0080'10 With Immediate Effect [SB0757 Detail]
Download: Michigan-2009-SB0757-Introduced.html
SENATE BILL No. 757
August 19, 2009, Introduced by Senators KAHN, JELINEK, BARCIA and McMANUS and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 1278a, 1278b, and 1280 (MCL 380.1278a,
380.1278b, and 380.1280), section 1278a as amended by 2008 PA 316,
section 1278b as amended by 2007 PA 141, and section 1280 as
amended by 2006 PA 123, and by adding section 1278c.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1278a. (1) Except as otherwise provided in this section,
or
section 1278b, or section 1278c, beginning with pupils entering
grade 8 in 2006, the board of a school district or board of
directors of a public school academy shall not award a high school
diploma to a pupil unless the pupil meets all of the following:
(a) Has successfully completed all of the following credit
requirements
of the Michigan merit standard pathway before
graduating from high school:
(i) At least 4 credits in mathematics that are aligned with
subject area content expectations developed by the department and
approved by the state board under section 1278b, including
completion of at least algebra I, geometry, and algebra II, or an
integrated sequence of this course content that consists of 3
credits, and an additional mathematics credit, such as
trigonometry, statistics, precalculus, calculus, applied math,
accounting, business math, a retake of algebra II, a course in
financial literacy as described in section 1165, or the integrated
equivalent in 1 or more career and technical education, industrial
technology, or applied arts courses. A pupil may complete algebra
II over 2 years with a credit awarded for each of those years for
the purposes of this section and section 1278b. Each pupil must
successfully complete at least 1 mathematics course during his or
her final year of high school enrollment. This subparagraph does
not require completion of mathematics courses in any particular
sequence.
(ii) At least 3 credits in social science that are aligned with
subject area content expectations developed by the department and
approved by the state board under section 1278b, including
completion of at least 1 credit in United States history and
geography, 1 credit in world history and geography, 1/2 credit in
economics, and the civics course described in section 1166(2), or
the integrated equivalent in 1 or more career and technical
education, industrial technology, or applied arts courses.
(iii) At least 1 credit in subject matter that includes both
health and physical education aligned with guidelines developed by
the department and approved by the state board under section 1278b,
or the integrated equivalent in 1 or more career and technical
education, industrial technology, or applied arts courses.
(iv) At least 1 credit in visual arts, performing arts, or
applied arts, as defined by the department, that is aligned with
guidelines developed by the department and approved by the state
board under section 1278b, or the integrated equivalent in 1 or
more career and technical education, industrial technology, or
applied arts courses.
(v) The credit requirements specified in section 1278b(1).
(b) Meets the online course or learning experience requirement
of this subsection. A school district or public school academy
shall provide the basic level of technology and internet access
required by the state board to complete the online course or
learning experience. For a pupil to meet this requirement, the
pupil shall meet either of the following, as determined by the
school district or public school academy:
(i) Has successfully completed at least 1 course or learning
experience that is presented online, as defined by the department.
(ii) The pupil's school district or public school academy has
integrated an online experience throughout the high school
curriculum by ensuring that each teacher of each course that
provides the required credits of the Michigan merit curriculum has
integrated an online experience into the course.
(2) In addition to the requirements under subsection (1),
beginning with pupils entering grade 3 in 2006, the board of a
school district or board of directors of a public school academy
shall not award a high school diploma to a pupil unless the pupil
has successfully completed during grades 9 to 12 at least 2
credits, as determined by the department, in a language other than
English, or the pupil has successfully completed at any time during
grades K to 12 course work or other learning experiences that are
substantially equivalent to 2 credits in a language other than
English, based on guidelines developed by the department. For the
purposes of this subsection, all of the following apply:
(a) American sign language is considered to be a language
other than English.
(b) The pupil may meet all or part of this requirement with
online course work.
(3) The requirements under this section and section 1278b for
a high school diploma are in addition to any local requirements
imposed by the board of a school district or board of directors of
a public school academy. The board of a school district or board of
directors of a public school academy, as a local requirement for a
high school diploma, may require a pupil to complete some or all of
the subject area assessments under section 1279 or the Michigan
merit examination under section 1279g, as applicable to the pupil
under section 1279g, or may require a pupil to participate in the
MIAccess assessments if appropriate for the pupil.
(4)
For the purposes of this section, and section 1278b, and
section 1278c, all of the following apply:
(a) A pupil is considered to have completed a credit if the
pupil successfully completes the subject area content expectations
or guidelines developed by the department that apply to the credit.
(b) A school district or public school academy shall base its
determination of whether a pupil has successfully completed the
subject area content expectations or guidelines developed by the
department that apply to a credit at least in part on the pupil's
performance on the assessments developed or selected by the
department under section 1278b or on 1 or more assessments
developed or selected by the school district or public school
academy that measure a pupil's understanding of the subject area
content expectations or guidelines that apply to the credit.
(c) A school district or public school academy shall also
grant a pupil a credit if the pupil earns a qualifying score, as
determined by the department, on the assessments developed or
selected for the subject area by the department under section 1278b
or the pupil earns a qualifying score, as determined by the school
district or public school academy, on 1 or more assessments
developed or selected by the school district or public school
academy that measure a pupil's understanding of the subject area
content expectations or guidelines that apply to the credit.
(5) If a high school is designated by the superintendent of
public instruction as a specialty school and the high school meets
the requirements of subsection (6), then the pupils of the high
school are not required to successfully complete the 4 credits in
English language arts required under section 1278b(1)(a) or the 3
credits in social science required under subsection (1)(a)(ii) and
the school district or public school academy is not required to
ensure that each pupil is offered the curriculum necessary for
meeting those English language arts or social science credit
requirements. The superintendent of public instruction may
designate up to 15 high schools that meet the requirements of this
subsection as specialty schools. Subject to this maximum number,
the superintendent of public instruction shall designate a high
school as a specialty school if the superintendent of public
instruction finds that the high school meets all of the following
criteria:
(a) The high school incorporates a significant reading and
writing component throughout its curriculum.
(b) The high school uses a specialized, innovative, and
rigorous curriculum in such areas as performing arts, foreign
language, extensive use of internships, or other learning
innovations that conform to pioneering innovations among other
leading national or international high schools.
(6) A high school that is designated by the superintendent of
public instruction as a specialty school under subsection (5) is
only exempt from requirements as described under subsection (5) as
long as the superintendent of public instruction finds that the
high school continues to meet all of the following requirements:
(a) The high school clearly states to prospective pupils and
their parents that it does not meet the requirements of the
Michigan merit standard pathway under
this section and section
1278b but is a designated specialty school that is exempt from some
of those requirements and that a pupil who enrolls in the high
school and subsequently transfers to a high school that is not a
specialty school meeting the requirements of this subsection will
be required to comply with the requirements of the Michigan merit
standard
pathway under this section and section 1278b.
(b) For the most recent year for which the data are available,
the mean scores on both the mathematics and science portions of the
ACT examination for the pupils of the high school exceed by at
least 10% the mean scores on the mathematics and science portions
of the ACT examination for the pupils of the school district in
which the greatest number of the pupils of the high school reside.
(c) For the most recent year for which the data are available,
the high school had a graduation rate of at least 85%, as
determined by the department.
(d) For the most recent year for which the data are available,
at least 75% of the pupils who graduated from the high school the
preceding year are enrolled in a postsecondary institution.
(e) All pupils of the high school are required to meet the
mathematics credit requirements of subsection (1)(a)(i), with no
modification of these requirements under section 1278b(5), and each
pupil is offered the curriculum necessary to meet this requirement.
(f) All pupils of the high school are required to meet the
science credit requirements of section 1278b(1)(b) and are also
required to successfully complete at least 1 additional science
credit, for a total of at least 4 science credits, with no
modification of these requirements under section 1278b(5), and each
pupil is offered the curriculum necessary to meet this requirement.
Sec. 1278b. (1) Except as otherwise provided in this section,
or
section 1278a, or section 1278c, beginning with pupils entering
grade 8 in 2006, as part of the requirements under section 1278a
the board of a school district or board of directors of a public
school academy shall not award a high school diploma to a pupil
unless the pupil has successfully completed all of the following
credit
requirements of the Michigan merit standard pathway before
graduating from high school:
(a) At least 4 credits in English language arts that are
aligned with subject area content expectations developed by the
department and approved by the state board under this section, or
the integrated equivalent in 1 or more career and technical
education, industrial technology, or applied arts courses.
(b) At least 3 credits in science that are aligned with
subject area content expectations developed by the department and
approved by the state board under this section, including
completion of at least biology and either chemistry or physics, or
the integrated equivalent in 1 or more career and technical
education, industrial technology, or applied arts courses. The
legislature strongly encourages pupils to complete a fourth credit
in science, such as forensics, astronomy, Earth science,
agricultural science, environmental science, geology, physics or
chemistry, physiology, or microbiology.
(c) The credit requirements specified in section 1278a(1)(a)(i)
to (iv).
(2) If a pupil successfully completes 1 or more of the high
school credits required under subsection (1) or under section
1278a(1) before entering high school, the pupil shall be given high
school credit for that credit.
(3)
For the purposes of this section, and section 1278a, and
section 1278c, the department shall do all of the following:
(a) Develop subject area content expectations that apply to
the
credit requirements of the Michigan merit standard pathway that
are required under subsection (1)(a) and (b) and section
1278a(1)(a)(i) and (ii); and
develop guidelines for the remaining
credit
requirements of the Michigan merit standard pathway that
are
required under this section and section 1278a(1)(a), for the online
course or learning experience required under section 1278a(1)(b),
and for the requirements for a language other than English under
section 1278a(2); and develop subject area content expectations or
guidelines, as the department determines appropriate, for any
remaining credit requirements of the career and technical
education, industrial technology, and applied arts pathway that are
required under section 1278c. All of the following apply to these
subject area content expectations and guidelines:
(i) All subject area content expectations shall be consistent
with the state board recommended model core academic curriculum
content standards under section 1278. Subject area content
expectations or guidelines shall not include attitudes, beliefs, or
value systems that are not essential in the legal, economic, and
social structure of our society and to the personal and social
responsibility of citizens of our society. The subject area content
expectations shall require pupils to demonstrate critical thinking
skills.
(ii) The subject area content expectations and the guidelines
must be approved by the state board under subsection (4).
(iii) The subject area content expectations shall meet all of
the following:
(A) Shall state in clear and measurable terms what pupils are
expected to know upon completion of each credit or 1/2 credit.
(B) Shall state in clear and measurable terms which of the
subject area content expectations must be covered for a course to
constitute a credit or 1/2 credit or for a pupil to be awarded a
credit or 1/2 credit.
(C) Shall be designed to ensure that pupils are ready for
college and workforce training and shall be consistent with the
college and workforce training readiness study conducted by ACT,
inc., and published in 2006.
(D) Shall include additional recommended expectations to guide
public schools in development of relevant and rigorous credited
course work. These additional recommended expectations are in
addition to and are not to be included in those described in sub-
subparagraphs (A) and (B), and the department shall ensure that
this is clear in its publications.
(iv) The department shall complete the development of the
subject area content expectations that apply to algebra I and the
guidelines for the online course or learning experience under
section 1278a(1)(b) not later than August 1, 2006.
(v) The department shall complete development of the subject
area content expectations or guidelines that apply to each of the
other
credits required in the Michigan merit standard pathway under
subsection (1) and section 1278a(1)(a), or that apply to each of
the other credits required in the career and technical education,
industrial technology, and applied arts pathway under section
1278c, not later than 1 year before the beginning of the school
year in which a pupil entering high school in 2007 would normally
be expected to complete the credit.
(vi) If the department has not completed development of the
subject area content expectations that apply to a particular credit
required
in the Michigan merit standard pathway under
subsection
(1) or section 1278a(1)(a), or required in the career and technical
education, industrial technology, and applied arts pathway under
section 1278c, by the date required under this subdivision, a
school district or public school academy may align the content of
the credit with locally adopted standards.
(vii) Until all of the subject area content expectations and
guidelines have been developed by the department and approved by
the state board, the department shall submit a report at least
every 6 months to the senate and house standing committees
responsible for education legislation on the status of the
development of the subject area content expectations and
guidelines. The report shall detail any failure by the department
to meet a deadline established under subparagraph (iv) or (v) and
the reasons for that failure.
(b) Develop and implement a process for developing the subject
area content expectations and guidelines required under this
section. This process shall provide for all of the following:
(i) Soliciting input from all of the following groups:
(A) Recognized experts in the relevant subject areas.
(B) Representatives from 4-year colleges or universities,
community colleges, and other postsecondary institutions.
(C) Teachers, administrators, and school personnel who have
specialized knowledge of the subject area.
(D) Representatives from the business community.
(E) Representatives from vocational and career and technical
education providers.
(F) Government officials, including officials from the
legislature.
(G) Parents of public school pupils.
(ii) A review of the subject area content expectations or
guidelines by national experts.
(iii) An opportunity for the public to review and provide input
on the proposed subject area content expectations or guidelines
before they are submitted to the state board for approval. The time
period allowed for this review and input shall be at least 15
business days.
(c) Determine the basic level of technology and internet
access required for pupils to complete the online course or
learning experience requirement of section 1278a(1)(b), and submit
that determination to the state board for approval.
(d) Develop and make available material to assist school
districts and public school academies in implementing the
requirements of this section and section 1278a. This shall include
developing guidelines for alternative instructional delivery
methods as described in subsection (7).
(4) The state board shall approve subject area content
expectations and guidelines developed by the department under
subsection (3) before those subject area content expectations and
guidelines may take effect. The state board also shall approve the
basic level of technology and internet access required for pupils
to complete the online course or learning experience requirement of
section 1278a(1)(b).
(5) The parent or legal guardian of a pupil may request a
personal curriculum under this subsection for the pupil that
modifies
certain of the Michigan merit standard pathway
requirements under subsection (1) or section 1278a(1)(a). If all of
the requirements under this subsection for a personal curriculum
are met, then the board of a school district or board of directors
of a public school academy may award a high school diploma to a
pupil who successfully completes his or her personal curriculum
even if it does not meet the requirements of the Michigan merit
standard
pathway required under subsection (1) and section
1278a(1)(a). All of the following apply to a personal curriculum:
(a) The personal curriculum shall be developed by a group that
includes at least the pupil, at least 1 of the pupil's parents or
the pupil's legal guardian, and the pupil's high school counselor
or another designee qualified to act in a counseling role under
section 1233 or 1233a selected by the high school principal. In
addition, for a pupil who receives special education services, a
school psychologist should also be included in this group.
(b) The personal curriculum shall incorporate as much of the
subject
area content expectations of the Michigan merit standard
pathway required under subsection (1) and section 1278a(1)(a) as is
practicable for the pupil; shall establish measurable goals that
the pupil must achieve while enrolled in high school and shall
provide a method to evaluate whether the pupil achieved these
goals; and shall be aligned with the pupil's educational
development plan developed under subsection (11).
(c) Before it takes effect, the personal curriculum must be
agreed to by the pupil's parent or legal guardian and by the
superintendent of the school district or chief executive of the
public school academy or his or her designee.
(d) The pupil's parent or legal guardian shall be in
communication with each of the pupil's teachers at least once each
calendar quarter to monitor the pupil's progress toward the goals
contained in the pupil's personal curriculum.
(e) Revisions may be made in the personal curriculum if the
revisions are developed and agreed to in the same manner as the
original personal curriculum.
(f) The English language arts credit requirements of
subsection (1)(a) and the science credit requirements of subsection
(1)(b) are not subject to modification as part of a personal
curriculum under this subsection.
(g) Except as otherwise provided in this subdivision, the
mathematics credit requirements of section 1278a(1)(a)(i) may be
modified as part of a personal curriculum only after the pupil has
successfully completed at least 2-1/2 credits of the mathematics
credits required under that section and only if the pupil
successfully completes at least 3-1/2 total credits of the
mathematics credits required under that section before completing
high school. The requirement under that section that a pupil must
successfully complete at least 1 mathematics course during his or
her final year of high school enrollment is not subject to
modification as part of a personal curriculum under this
subsection. The algebra II credit required under that section may
be modified as part of a personal curriculum under this subsection
only if the pupil has successfully completed at least 2 credits of
the mathematics credits required under section 1278a(1)(a)(i) and
meets 1 or more of the following:
(i) Has successfully completed the same content as 1 semester
of algebra II, as determined by the department.
(ii) Elects to complete the same content as algebra II over 2
years, with a credit awarded for each of those 2 years, and
successfully completes that content.
(iii) Enrolls in a formal career and technical education program
or curriculum and in that program or curriculum successfully
completes the same content as 1 semester of algebra II, as
determined by the department.
(h) The social science credit requirements of section
1278a(1)(a)(ii) may be modified as part of a personal curriculum
only if all of the following are met:
(i) The pupil has successfully completed 2 credits of the
social science credits required under section 1278a(1), including
the civics course described in section 1166(2).
(ii) The modification requires the pupil to complete 1
additional credit in English language arts, mathematics, or science
or 1 additional credit in a language other than English. This
additional credit must be in addition to the number of those
credits otherwise required under subsection (1) and section
1278a(1) or under section 1278a(2).
(i) The health and physical education credit requirement under
section 1278a(1)(a)(iii) may be modified as part of a personal
curriculum only if the modification requires the pupil to complete
1 additional credit in English language arts, mathematics, or
science or 1 additional credit in a language other than English.
This additional credit must be in addition to the number of those
credits otherwise required under subsection (1) and section
1278a(1) or under section 1278a(2).
(j) The visual arts, performing arts, or applied arts credit
requirement under section 1278a(1)(a)(iv) may be modified as part of
a personal curriculum only if the modification requires the pupil
to complete 1 additional credit in English language arts,
mathematics, or science or 1 additional credit in a language other
than English. This additional credit must be in addition to the
number of those credits otherwise required under subsection (1) and
section 1278a(1) or under section 1278a(2).
(k) If the parent or legal guardian of a pupil requests as
part of the pupil's personal curriculum a modification of the
Michigan merit standard pathway requirements
that would not
otherwise be allowed under this section and demonstrates that the
modification is necessary because the pupil is a child with a
disability, the school district or public school academy may allow
that additional modification to the extent necessary because of the
pupil's disability if the group under subdivision (a) determines
that the modification is consistent with both the pupil's
educational development plan under subsection (11) and the pupil's
individualized education program. If the superintendent of public
instruction has reason to believe that a school district or a
public school academy is allowing modifications inconsistent with
the requirements of this subdivision, the superintendent of public
instruction shall monitor the school district or public school
academy to ensure that the school district's or public school
academy's policies, procedures, and practices are in compliance
with the requirements for additional modifications under this
subdivision. As used in this subdivision, "child with a disability"
means that term as defined in 20 USC 1401.
(l) If a pupil transfers to a school district or public school
academy from out of state or from a nonpublic school, the pupil's
parent or legal guardian may request, as part of the pupil's
personal
curriculum, a modification of the Michigan merit standard
pathway requirements that would not otherwise be allowed under this
section. The school district or public school academy may allow
this additional modification for a transfer pupil if all of the
following are met:
(i) The transfer pupil has successfully completed at least the
equivalent of 2 years of high school credit out of state or at a
nonpublic school. The school district or public school academy may
use appropriate assessment examinations to determine what credits,
if any, the pupil has earned out of state or at a nonpublic school
that may be used to satisfy the curricular requirements of the
Michigan merit standard pathway and
this subdivision.
(ii) The transfer pupil's personal curriculum incorporates as
much of the subject area content expectations of the Michigan merit
standard
pathway as is practicable for the pupil.
(iii) The transfer pupil's personal curriculum requires the
pupil to successfully complete at least 1 mathematics course during
his or her final year of high school enrollment. In addition, if
the transfer pupil is enrolled in the school district or public
school academy for at least 1 full school year, both of the
following apply:
(A) The transfer pupil's personal curriculum shall require
that this mathematics course is at least algebra I.
(B) If the transfer pupil demonstrates that he or she has
mastered the content of algebra I, the transfer pupil's personal
curriculum shall require that this mathematics course is a course
normally taken after completing algebra I.
(iv) The transfer pupil's personal curriculum includes the
civics course described in section 1166(2).
(m) If a pupil is at least age 18 or is an emancipated minor,
the pupil may act on his or her own behalf under this subsection.
(n) This subsection does not apply to a pupil enrolled in a
high school that is designated as a specialty school under section
1278a(5) and that is exempt under that section from the English
language arts requirement under subsection (1)(a) and the social
science credit requirement under section 1278a(1)(a)(ii).
(6) If a pupil receives special education services, the
pupil's individualized education program, in accordance with the
individuals with disabilities education act, title VI of Public Law
91-230, shall identify the appropriate course or courses of study
and identify the supports, accommodations, and modifications
necessary to allow the pupil to progress in the curricular
requirements of this section and section 1278a, or in a personal
curriculum as provided under subsection (5), and meet the
requirements for a high school diploma.
(7) The board of a school district or board of directors of a
public school academy that operates a high school shall ensure that
each pupil is offered the curriculum necessary for the pupil to
meet the curricular requirements of this section and section 1278a.
The board or board of directors may provide this curriculum by
providing the credits specified in this section and section 1278a,
by using alternative instructional delivery methods such as
alternative course work, humanities course sequences, career and
technical education, industrial technology courses, or vocational
education, or by a combination of these. School districts and
public school academies that operate career and technical education
programs are encouraged to integrate the credit requirements of
this section and section 1278a into those programs.
(8) If the board of a school district or board of directors of
a public school academy wants its high school to be accredited
under section 1280, the board or board of directors shall ensure
that all elements of the curriculum required under this section and
section 1278a are made available to all affected pupils. If a
school district or public school academy does not offer all of the
required credits, the board of the school district or board of
directors of the public school academy shall ensure that the pupil
has access to the required credits by another means, such as
enrollment in a postsecondary course under the postsecondary
enrollment options act, 1996 PA 160, MCL 388.511 to 388.524;
enrollment in an online course; a cooperative arrangement with a
neighboring school district or with a public school academy; or
granting approval under section 6(6) of the state school aid act of
1979, MCL 388.1606, for the pupil to be counted in membership in
another school district.
(9) If a pupil is not successfully completing a credit
required for graduation under this section and section 1278a or
required for graduation under the career and technical education,
industrial technology, and applied arts pathway under section
1278c, or is identified as being at risk of withdrawing from high
school, then the pupil's school district or public school academy
shall notify the pupil's parent or legal guardian or, if the pupil
is at least age 18 or is an emancipated minor, the pupil, of the
availability of tutoring or other supplemental educational support
and counseling services that may be available to the pupil under
existing state or federal programs, such as those programs or
services available under section 31a of the state school aid act of
1979, MCL 388.1631a, or under the no child left behind act of 2001,
Public Law 107-110.
(10) To the extent required by the no child left behind act of
2001, Public Law 107-110, the board of a school district or public
school academy shall ensure that all components of the curricular
requirements under this section and section 1278a and of the career
and technical education, industrial technology, and applied arts
pathway under section 1278c are taught by highly qualified
teachers. If a school district or public school academy
demonstrates to the department that the school district or public
school academy is unable to meet the requirements of this section
because the school district or public school academy is unable to
hire enough highly qualified teachers, the department shall work
with the school district or public school academy to develop a plan
to allow the school district or public school academy to hire
enough highly qualified teachers to meet the requirements of this
section.
(11) The board of a school district or board of directors of a
public school academy shall ensure that each pupil in grade 7 is
provided with the opportunity to develop an educational development
plan, and that each pupil has developed an educational development
plan before he or she begins high school. An educational
development plan shall be developed by the pupil under the
supervision of the pupil's school counselor or another designee
qualified to act in a counseling role under section 1233 or 1233a
selected by the high school principal and shall be based on a
career pathways program or similar career exploration program. In
addition, if the pupil receives special education services, a
school psychologist should also participate in developing the
pupil's educational development plan.
(12) Except as otherwise provided in this subsection, if a
school district or public school academy is unable to implement all
of the curricular requirements of this section and section 1278a
for pupils entering grade 9 in 2007 or is unable to implement
another requirement of this section or section 1278a, the school
district or public school academy may apply to the department for
permission to phase in 1 or more of the requirements of this
section or section 1278a. To apply, the school district or public
school academy shall submit a proposed phase-in plan to the
department. The department shall approve a phase-in plan if the
department determines that the plan will result in the school
district or public school academy making satisfactory progress
toward full implementation of the requirements of this section and
section 1278a. If the department disapproves a proposed phase-in
plan, the department shall work with the school district or public
school academy to develop a satisfactory plan that may be approved.
However, if legislation is enacted that adds section 1290 to allow
school districts and public school academies to apply for a
contract that waives certain state or federal requirements, then
this subsection does not apply but a school district or public
school academy may take action as described in subsection (13).
This subsection does not apply to a high school that is designated
as a specialty school under section 1278a(5) and that is exempt
under that section from the English language arts requirement under
subsection (1)(a) and the social science credit requirement under
section 1278a(1)(a)(ii).
(13) If a school district or public school academy does not
offer all of the required credits or provide options to have access
to the required credits as provided under subsection (8) and if
legislation is enacted that adds section 1290 to allow school
districts and public school academies to apply for a contract that
waives certain state or federal requirements, then the school
district or public school academy is encouraged to apply for a
contract under section 1290. The purpose of a contract described in
this subsection is to improve pupil performance.
(14)
This section, and section 1278a, and section 1278c do not
prohibit a pupil from satisfying or exceeding the credit
requirements
of the Michigan merit standard pathway under
this
section and section 1278a or the career and technical education,
industrial technology, and applied arts pathway under section 1278c
through advanced studies such as accelerated course placement,
advanced placement, dual enrollment in a postsecondary institution,
or participation in the international baccalaureate program or an
early college/middle college program.
(15) Not later than April 1 of each year, the department shall
submit an annual report to the legislature that evaluates the
overall success of the Michigan merit pathway curriculum required
under this section and section 1278a and of the career and
technical education, industrial technology, and applied arts
pathway curriculum required under section 1278c, the rigor and
relevance
of the course work required by the curriculum those
curricula, the ability of public schools to implement the
curriculum
curricula and the required course work, and the impact
of
the curriculum curricula on pupil success, and that details any
activities the department has undertaken to implement this section,
and
section 1278a, and section 1278c or to assist public schools in
implementing
the requirements of this section, and section 1278a,
and section 1278c.
Sec. 1278c. (1) Beginning with pupils entering grade 8 in
2006, the board of a school district or board of directors of a
public school academy shall not award a high school diploma to a
pupil unless the pupil either meets the requirements for the
Michigan merit pathway under sections 1278a and 1278b or meets the
requirements under this section for the career and technical
education, industrial technology, and applied arts pathway. The
requirements for the career and technical education, industrial
technology, and applied arts pathway are as follows:
(a) Has successfully completed all of the following credit
requirements before graduating from high school:
(i) At least 4 credits in mathematics that are aligned with
subject area content expectations developed by the department and
approved by the state board under section 1278b, including
completion of at least algebra I or the integrated equivalent in a
career and technical education, industrial technology, or applied
arts course, geometry or the integrated equivalent in a career and
technical education, industrial technology, or applied arts course,
a course in financial literacy as described in section 1165, and an
additional mathematics credit.
(ii) At least 4 credits in English language arts that are
aligned with subject area content expectations developed by the
department and approved by the state board under section 1278b, or
the integrated equivalent in 1 or more career and technical
education, industrial technology, or applied arts education
courses.
(iii) At least 2 credits in science that are aligned with
subject area content expectations developed by the department and
approved by the state board under section 1278b, including
completion of at least biology and an additional science credit, or
the integrated equivalent in 1 or more career and technical
education, industrial technology, or applied arts education
courses.
(iv) At least 2 credits in social science that are aligned with
subject area content expectations developed by the department and
approved by the state board under section 1278b, including
completion of at least the civics course described in section
1166(2), or the integrated equivalent in 1 or more career and
technical education, industrial technology, or applied arts
education courses.
(v) At least 1 credit in subject matter that includes both
health and physical education aligned with guidelines developed by
the department and approved by the state board under section 1278b,
or the integrated equivalent in 1 or more career and technical
education, industrial technology, or applied arts education
courses.
(vi) At least 3 credits in a career and technical education,
industrial technology, and applied arts academic sequence, aligned
with guidelines developed by the department and approved by the
state board under section 1278b. (vii) At least 1 additional
credit that is aligned with guidelines developed by the department
and approved by the state board under section 1278b.
(b) Meets the online course or learning experience requirement
of section 1278a(1)(b).
(2) In addition to the requirements under subsection (1),
beginning with pupils entering grade 3 in 2006, the board of a
school district or board of directors of a public school academy
shall not award a high school diploma to a pupil unless the pupil
has successfully completed during grades 9 to 12 at least 1 credit
in visual, performing, or applied arts, as defined by the
department, that is aligned with guidelines developed by the
department and approved by the state board under section 1278b.
(3) The requirements under this section for a high school
diploma are in addition to any local requirements imposed by the
board of a school district or board of directors of a public school
academy. The board of a school district or board of directors of a
public school academy, as a local requirement for a high school
diploma, may require a pupil to complete some or all of the subject
area assessments under section 1279 or the Michigan merit
examination under section 1279g, as applicable to the pupil under
section 1279g, or may require a pupil to participate in the
MIAccess assessments if appropriate for the pupil.
(4) For the purposes of this section, all of the following
apply:
(a) A pupil is considered to have completed a credit if the
pupil successfully completes the subject area content expectations
or guidelines developed by the department that apply to the credit.
(b) A school district or public school academy shall base its
determination of whether a pupil has successfully completed the
subject area content expectations or guidelines developed by the
department that apply to a credit at least in part on the pupil's
performance on the assessments developed or selected by the
department under section 1278b or on 1 or more assessments
developed or selected by the school district or public school
academy that measure a pupil's understanding of the subject area
content expectations or guidelines that apply to the credit.
(c) A school district or public school academy shall also
grant a pupil a credit if the pupil earns a qualifying score, as
determined by the department, on the assessments developed or
selected for the subject area by the department under section 1278b
or the pupil earns a qualifying score, as determined by the school
district or public school academy, on 1 or more assessments
developed or selected by the school district or public school
academy that measure a pupil's understanding of the subject area
content expectations or guidelines that apply to the credit.
(5) If a high school is designated by the superintendent of
public instruction as a specialty school and the high school meets
the requirements of subsection (6), then the pupils of the high
school are not required to successfully complete the 4 credits in
English language arts or the 2 credits in social science required
under subsection (1)(a) and the school district or public school
academy is not required to ensure that each pupil is offered the
curriculum necessary for meeting those English language arts or
social science credit requirements. The superintendent of public
instruction may designate up to 15 high schools that meet the
requirements of this subsection as specialty schools. Subject to
this maximum number, the superintendent of public instruction shall
designate a high school as a specialty school if the superintendent
of public instruction finds that the high school meets all of the
following criteria:
(a) The high school incorporates a significant reading and
writing component throughout its curriculum.
(b) The high school uses a specialized, innovative, and
rigorous curriculum in such areas as performing arts, foreign
language, extensive use of internships, or other learning
innovations that conform to pioneering innovations among other
leading national or international high schools.
(6) A high school that is designated by the superintendent of
public instruction as a specialty school under subsection (5) is
only exempt from requirements as described under subsection (5) as
long as the superintendent of public instruction finds that the
high school continues to meet all of the following requirements:
(a) The high school clearly states to prospective pupils and
their parents that it does not meet the requirements of the general
diploma curriculum under this section but is a designated specialty
school that is exempt from some of those requirements and that a
pupil who enrolls in the high school and subsequently transfers to
a high school that is not a specialty school meeting the
requirements of this subsection will be required to comply with the
requirements of the Michigan merit pathway under sections 1278a and
1278b or of the career and technical education, industrial
technology, and applied arts pathway curriculum under this section.
(b) For the most recent year for which the data are available,
the mean scores on both the mathematics and science portions of the
ACT examination for the pupils of the high school exceed by at
least 10% the mean scores on the mathematics and science portions
of the ACT examination for the pupils of the school district in
which the greatest number of the pupils of the high school reside.
(c) For the most recent year for which the data are available,
the high school had a graduation rate of at least 85%, as
determined by the department.
(d) For the most recent year for which the data are available,
at least 75% of the pupils who graduated from the high school the
preceding year are enrolled in a postsecondary institution.
(e) All pupils of the high school are required to meet the
mathematics credit requirements of subsection (1)(a), with no
modification of these requirements under subsection (8), and each
pupil is offered the curriculum necessary to meet this requirement.
(f) All pupils of the high school are required to meet the
science credit requirements of subsection (1)(a) and are also
required to successfully complete at least 2 additional science
credits, for a total of at least 4 science credits, with no
modification of these requirements under subsection (8), and each
pupil is offered the curriculum necessary to meet this requirement.
(7) If a pupil successfully completes 1 or more of the high
school credits required under subsection (1) before entering high
school, the pupil shall be given high school credit for that
credit.
(8) The parent or legal guardian of a pupil may request a
personal curriculum under this subsection for the pupil that
modifies certain of the career and technical education, industrial
technology, and applied arts pathway requirements under subsection
(1). If all of the requirements under this subsection for a
personal curriculum are met, then the board of a school district or
board of directors of a public school academy may award a high
school diploma to a pupil who successfully completes his or her
personal curriculum even if it does not meet the requirements of
the career and technical education, industrial technology, and
applied arts pathway required under subsection (1). All of the
following apply to a personal curriculum:
(a) The personal curriculum shall be developed by a group that
includes at least the pupil, at least 1 of the pupil's parents or
the pupil's legal guardian, and the pupil's high school counselor
or another designee qualified to act in a counseling role under
section 1233 or 1233a selected by the high school principal. In
addition, for a pupil who receives special education services, a
school psychologist should also be included in this group.
(b) The personal curriculum shall incorporate as much of the
subject area content expectations of the career and technical
education, industrial technology, and applied arts pathway required
under subsection (1) as is practicable for the pupil; shall
establish measurable goals that the pupil must achieve while
enrolled in high school and shall provide a method to evaluate
whether the pupil achieved these goals; and shall be aligned with
the pupil's educational development plan developed under section
1278b(11).
(c) Before it takes effect, the personal curriculum must be
agreed to by the pupil's parent or legal guardian and by the
superintendent of the school district or chief executive of the
public school academy or his or her designee.
(d) The pupil's parent or legal guardian shall be in
communication with each of the pupil's teachers at least once each
calendar quarter to monitor the pupil's progress toward the goals
contained in the pupil's personal curriculum.
(e) Revisions may be made in the personal curriculum if the
revisions are developed and agreed to in the same manner as the
original personal curriculum.
(f) The English language arts and science credit requirements
of subsection (1) are not subject to modification as part of a
personal curriculum under this subsection.
(g) The mathematics credit requirements of subsection (1) may
be modified as part of a personal curriculum only after the pupil
has successfully completed at least 1-1/2 credits of the
mathematics credits required under that section and only if the
pupil successfully completes at least 2-1/2 total credits of the
mathematics credits required under that section before completing
high school.
(h) The civics course described in section 1166(2) is not
subject to modification as part of a personal curriculum under this
subsection.
(i) The health and physical education credit requirement under
section 1278a(1)(a)(iii) may be modified as part of a personal
curriculum only if the modification requires the pupil to complete
1 additional credit in English language arts, mathematics, or
science or 1 additional credit in a language other than English.
This additional credit must be in addition to the number of those
credits otherwise required under subsection (1).
(j) If the parent or legal guardian of a pupil requests as
part of the pupil's personal curriculum a modification of the
general education curriculum requirements that would not otherwise
be allowed under this section and demonstrates that the
modification is necessary because the pupil is a child with a
disability, the school district or public school academy may allow
that additional modification to the extent necessary because of the
pupil's disability if the group under subdivision (a) determines
that the modification is consistent with both the pupil's
educational development plan under section 1278b(11) and the
pupil's individualized education program. If the superintendent of
public instruction has reason to believe that a school district or
a public school academy is allowing modifications inconsistent with
the requirements of this subdivision, the superintendent of public
instruction shall monitor the school district or public school
academy to ensure that the school district's or public school
academy's policies, procedures, and practices are in compliance
with the requirements for additional modifications under this
subdivision. As used in this subdivision, "child with a disability"
means that term as defined in 20 USC 1401.
(k) If a pupil transfers to a school district or public school
academy from out of state or from a nonpublic school, the pupil's
parent or legal guardian may request, as part of the pupil's
personal curriculum, a modification of the career and technical
education, industrial technology, and applied arts pathway
requirements that would not otherwise be allowed under this
section. The school district or public school academy may allow
this additional modification for a transfer pupil if all of the
following are met:
(i) The transfer pupil has successfully completed at least the
equivalent of 2 years of high school credit out of state or at a
nonpublic school. The school district or public school academy may
use appropriate assessment examinations to determine what credits,
if any, the pupil has earned out of state or at a nonpublic school
that may be used to satisfy the curricular requirements of the
career and technical education, industrial technology, and applied
arts pathway and this subdivision.
(ii) The transfer pupil's personal curriculum incorporates as
much of the subject area content expectations of the career and
technical education, industrial technology, and applied arts
pathway as is practicable for the pupil.
(iii) The transfer pupil's personal curriculum requires the
pupil to successfully complete at least 1 mathematics course during
his or her final year of high school enrollment. In addition, if
the transfer pupil is enrolled in the school district or public
school academy for at least 1 full school year, both of the
following apply:
(A) The transfer pupil's personal curriculum shall require
that this mathematics course is at least algebra I.
(B) If the transfer pupil demonstrates that he or she has
mastered the content of algebra I, the transfer pupil's personal
curriculum shall require that this mathematics course is a course
normally taken after completing algebra I.
(iv) The transfer pupil's personal curriculum includes the
civics course described in section 1166(2).
(l) If a pupil is at least age 18 or is an emancipated minor,
the pupil may act on his or her own behalf under this subsection.
(m) This subsection does not apply to a pupil enrolled in a
high school that is designated as a specialty school under
subsection (5) and that is exempt under that subsection from the
English language arts and social science credit requirements under
subsection (1)(a).
(9) If a pupil receives special education services, the
pupil's individualized education program, in accordance with the
individuals with disabilities education act, title VI of Public Law
91-230, shall identify the appropriate course or courses of study
and identify the supports, accommodations, and modifications
necessary to allow the pupil to progress in the curricular
requirements of this section, or in a personal curriculum as
provided under subsection (8), and meet the requirements for a high
school diploma.
(10) The board of a school district or board of directors of a
public school academy that operates a high school shall ensure that
each pupil is offered the curriculum necessary for the pupil to
meet the curricular requirements of this section. The board or
board of directors may provide this curriculum by providing the
credits specified in this section, by using alternative
instructional delivery methods such as alternative course work,
humanities course sequences, career and technical education,
industrial technology, applied arts courses, or career and
technical preparation education, or by a combination of these.
School districts and public school academies that operate career
and technical education programs are encouraged to integrate the
credit requirements of this section into those programs.
(11) If the board of a school district or board of directors
of a public school academy wants its high school to be accredited
under section 1280, the board or board of directors shall ensure
that all elements of the curriculum required under this section are
made available to all affected pupils. If a school district or
public school academy does not offer all of the required credits,
the board of the school district or board of directors of the
public school academy shall ensure that the pupil has access to the
required credits by another means, such as enrollment in a
postsecondary course under the postsecondary enrollment options
act, 1996 PA 160, MCL 388.511 to 388.524; enrollment in an online
course; a cooperative arrangement with a neighboring school
district or with a public school academy; or granting approval
under section 6(6) of the state school aid act of 1979, MCL
388.1606, for the pupil to be counted in membership in another
school district.
(12) Except as otherwise provided in this subsection, if a
school district or public school academy is unable to implement all
of the curricular requirements of this section for pupils entering
grade 9 in 2007 or is unable to implement another requirement of
this section, the school district or public school academy may
apply to the department for permission to phase in 1 or more of the
requirements of this section. To apply, the school district or
public school academy shall submit a proposed phase-in plan to the
department. The department shall approve a phase-in plan if the
department determines that the plan will result in the school
district or public school academy making satisfactory progress
toward full implementation of the requirements of this section. If
the department disapproves a proposed phase-in plan, the department
shall work with the school district or public school academy to
develop a satisfactory plan that may be approved. However, if
legislation is enacted that adds section 1290 to allow school
districts and public school academies to apply for a contract that
waives certain state or federal requirements, then this subsection
does not apply but a school district or public school academy may
take action as described in section 1278b(13). This subsection does
not apply to a high school that is designated as a specialty school
under subsection (5) and that is exempt under that subsection from
the English language arts and social science requirements under
subsection (1)(a).
Sec. 1280. (1) The board of a school district that does not
want to be subject to the measures described in this section shall
ensure that each public school within the school district is
accredited.
(2) As used in subsection (1), and subject to subsection (6),
"accredited" means certified by the superintendent of public
instruction as having met or exceeded standards established under
this section for 6 areas of school operation: administration and
school organization, curricula, staff, school plant and facilities,
school and community relations, and school improvement plans and
student performance. The building-level evaluation used in the
accreditation process shall include, but is not limited to, school
data collection, self-study, visitation and validation,
determination of performance data to be used, and the development
of a school improvement plan.
(3) The department shall develop and distribute to all public
schools proposed accreditation standards. Upon distribution of the
proposed standards, the department shall hold statewide public
hearings for the purpose of receiving testimony concerning the
standards. After a review of the testimony, the department shall
revise and submit the proposed standards to the superintendent of
public instruction. After a review and revision, if appropriate, of
the proposed standards, the superintendent of public instruction
shall submit the proposed standards to the senate and house
committees that have the responsibility for education legislation.
Upon approval by these committees, the department shall distribute
to all public schools the standards to be applied to each school
for accreditation purposes. The superintendent of public
instruction shall review and update the accreditation standards
annually using the process prescribed under this subsection.
(4) The superintendent of public instruction shall develop and
distribute to all public schools standards for determining that a
school is eligible for summary accreditation under subsection (6).
The standards shall be developed, reviewed, approved, and
distributed using the same process as prescribed in subsection (3)
for accreditation standards, and shall be finally distributed and
implemented not later than December 31, 1994.
(5) The standards for accreditation or summary accreditation
under this section shall include as criteria pupil performance on
Michigan education assessment program (MEAP) tests and on the
Michigan merit examination under section 1279g and, until the
Michigan merit examination has been fully implemented, the
percentage of pupils achieving state endorsement under section
1279, but shall not be based solely on pupil performance on MEAP
tests or the Michigan merit examination or on the percentage of
pupils achieving state endorsement under section 1279. The
standards shall also include as criteria multiple year change in
pupil performance on MEAP tests and the Michigan merit examination
and, until after the Michigan merit examination is fully
implemented, multiple year change in the percentage of pupils
achieving state endorsement under section 1279. If it is necessary
for the superintendent of public instruction to revise
accreditation or summary accreditation standards established under
subsection (3) or (4) to comply with this subsection, the revised
standards shall be developed, reviewed, approved, and distributed
using the same process as prescribed in subsection (3).
(6) If the superintendent of public instruction determines
that a public school has met the standards established under
subsection (4) or (5) for summary accreditation, the school is
considered to be accredited without the necessity for a full
building-level evaluation under subsection (2).
(7) If the superintendent of public instruction determines
that a school has not met the standards established under
subsection (4) or (5) for summary accreditation but that the school
is making progress toward meeting those standards, or if, based on
a full building-level evaluation under subsection (2), the
superintendent of public instruction determines that a school has
not met the standards for accreditation but is making progress
toward meeting those standards, the school is in interim status and
is subject to a full building-level evaluation as provided in this
section.
(8) If a school has not met the standards established under
subsection (4) or (5) for summary accreditation and is not eligible
for interim status under subsection (7), the school is unaccredited
and subject to the measures provided in this section.
(9) Beginning with the 2002-2003 school year, if at least 5%
of a public school's answer sheets from the administration of the
Michigan educational assessment program (MEAP) tests are lost by
the department or by a state contractor and if the public school
can verify that the answer sheets were collected from pupils and
forwarded to the department or the contractor, the department shall
not assign an accreditation score or school report card grade to
the public school for that subject area for the corresponding year
for the purposes of determining state accreditation under this
section. The department shall not assign an accreditation score or
school report card grade to the public school for that subject area
until the results of all tests for the next year are available.
(10) Subsection (9) does not preclude the department from
determining whether a public school or a school district has
achieved adequate yearly progress for the school year in which the
answer sheets were lost for the purposes of the no child left
behind act of 2001, Public Law 107-110. However, the department
shall ensure that a public school or the school district is not
penalized when determining adequate yearly progress status due to
the fact that the public school's MEAP answer sheets were lost by
the department or by a state contractor, but shall not require a
public school or school district to retest pupils or produce scores
from another test for this purpose.
(11) The superintendent of public instruction shall annually
review and evaluate for accreditation purposes the performance of
each school that is unaccredited and as many of the schools that
are in interim status as permitted by the department's resources.
(12) The superintendent of public instruction shall, and the
intermediate school district to which a school district is
constituent, a consortium of intermediate school districts, or any
combination thereof may, provide technical assistance, as
appropriate, to a school that is unaccredited or that is in interim
status upon request of the board of the school district in which
the school is located. If requests to the superintendent of public
instruction for technical assistance exceed the capacity, priority
shall be given to unaccredited schools.
(13) A school that has been unaccredited for 3 consecutive
years is subject to 1 or more of the following measures, as
determined by the superintendent of public instruction:
(a) The superintendent of public instruction or his or her
designee shall appoint at the expense of the affected school
district an administrator of the school until the school becomes
accredited.
(b) A parent, legal guardian, or person in loco parentis of a
child who attends the school may send his or her child to any
accredited public school with an appropriate grade level within the
school district.
(c) The school, with the approval of the superintendent of
public instruction, shall align itself with an existing research-
based school improvement model or establish an affiliation for
providing assistance to the school with a college or university
located in this state.
(d) The school shall be closed.
(14) The superintendent of public instruction shall evaluate
the school accreditation program and the status of schools under
this section and shall submit an annual report based upon the
evaluation to the senate and house committees that have the
responsibility for education legislation. The report shall address
the reasons each unaccredited school is not accredited and shall
recommend legislative action that will result in the accreditation
of all public schools in this state.
(15) Beginning with the 2008-2009 school year, a high school
shall not be accredited by the department unless the department
determines that the high school is providing or has otherwise
ensured that all pupils have access to all of the elements of the
Michigan
merit pathway curriculum required under
sections 1278a and
1278b and the career and technical education, industrial
technology, and applied arts pathway under section 1278c. If it is
necessary for the superintendent of public instruction to revise
accreditation or summary accreditation standards established under
subsection (3) or (4) to comply with the changes made to this
section
by the amendatory act that added this subsection 2006 PA
123, the revised standards shall be developed, reviewed, approved,
and distributed using the same process as prescribed in subsection
(3).
