Bill Text: MI SB0824 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Appropriations; school aid; executive recommendation; provide for omnibus appropriations for school aid, higher education, and community colleges. Amends secs. 4, 6, 11, 11a, 11j, 11k, 11m, 15, 18, 19, 20, 20d, 20f, 20g, 21f,
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-03-01 - Referred To Committee On Appropriations [SB0824 Detail]
Download: Michigan-2015-SB0824-Introduced.html
SENATE BILL No. 824
March 1, 2016, Introduced by Senator HILDENBRAND and referred to the Committee on Appropriations.
A bill to amend 1979 PA 94, entitled
"The state school aid act of 1979,"
by amending sections 4, 6, 11, 11a, 11j, 11k, 11m, 15, 18, 19, 20, 20d, 20f, 20g, 21f,
22a, 22b, 22d, 22g, 23a, 24, 24a, 24c, 25f, 25g, 26a, 26b, 26c, 31a, 31d, 31f, 32d,
32p, 35, 35a, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 55, 56, 61a, 61b, 62, 64b, 65, 67,
74, 81, 94, 94a, 95a, 98, 99h, 99s, 101, 102d, 104, 104b, 104c, 107, 147, 147a, 147c,
152a, 166b, 201, 202a, 203, 206, 207a, 207b, 207c, 209, 210b, 217, 219, 220, 222, 224,
225, 226, 229a, 230, 236, 236b, 236c, 237b, 241, 242, 245, 246, 252, 254, 256, 263,
263a, 264, 265, 265a, 267, 268, 269, 270, 274c, 275, 276, 277, 278, 279, 280, 281,
282, 283, 284, and 290 (MCL 388.1604, 388.1606, 388.1611, 388.1611a, 388.1611j,
388.1611k, 388.1611m, 388.1615, 388.1618, 388.1619, 388.1620, 388.1620d, 388.1620f,
388.1620g, 388.1621f, 388.1622a, 388.1622b, 388.1622d, 388.1622g, 388.1623a, 388.1624,
388.1624a, 388.1624c, 388.1625f, 388.1625g, 388.1626a, 388.1626b, 388.1626c,
388.1631a, 388.1631d, 388.1631f, 388.1632d, 388.1632p, 388.1635, 388.1635a, 388.1639,
388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1655,
388.1656, 388.1661a, 388.1661b, 388.1662, 388.1664b, 388.1665, 388.1667, 388.1674,
388.1681, 388.1694, 388.1694a, 388.1695a, 388.1698, 388.1699h, 388.1699s, 388.1701
388.1702d, 388.1704, 388.1704b, 388.1704c, 388.1707, 388.1747, 388.1747a, 388.1747c,
388.1752a, 388.1766b, 388.1801, 388.1802a, 388.1803, 388.1806, 388.1807a, 388.1807b,
388.1807c, 388.1809, 388.1810b, 388.1817, 388.1819, 388.1820, 388.1822, 388.1824,
388.1825, 388.1826, 388.1829a, 388.1830, 388.1836, 388.1836b, 388.1836c, 388.1837b,
388.1841, 388.1842, 388.1845, 388.1846, 388.1852, 388.1854, 388.1856, 388.1863,
388.1863a, 388.1864, 388.1865, 388.1865a, 388.1867, 388.1868, 388.1869, 388.1870,
388.1874c, 388.1875, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881,
388.1882, 388.1883, 388.1884, 388.1890), sections 4, 203, 219, 220, 242, and 254 as
amended and section 237b as added by 2012 PA 201, sections 6, 21f, 31a, 32d, and 107
as amended by 2015 PA 139, sections 11, 11a, 11j, 11k, 11m, 15, 20, 20d, 20f, 20g,
22a, 22b, 22d, 22g, 23a, 24, 24a, 24c, 25f, 26a, 26b, 26c, 31d, 31f, 32p, 39, 39a, 41,
51a, 51c, 51d, 53a, 54, 56, 61a, 62, 64b, 74, 81, 94, 94a, 95a, 98, 99h, 101, 104,
104b, 104c, 147, 147a, 147c, 152a, 201, 206, 207a, 207b, 207c, 209, 210b, 217, 222,
225, 226, 229a, 230, 236, 236b, 236c, 241, 246, 252, 256, 263, 263a, 264, 265, 265a,
267, 268, 269, 270, 276, 277, 278, 279, 280, 281, 282, 283, and 284 as amended and
sections 25g, 35, 35a, 55, 61b, 65, 67, 99s, 102d, 104d, and 274c as added by 2015 PA
85, section 18 as amended by 2015 PA 114, sections 19, 202a, 224, 245, and 275 as
amended by 2014 PA 196, section 166b as amended by 2012 PA 130, section 290 as amended
by 2013 PA 60, and by adding sections 11s, 20j, 21, 54b, 61c, and 78; and to repeal
acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
ARTICLE I
Sec. 4. (1) "Education achievement system" means the achievement authority and
all achievement schools.
(2) "Elementary pupil" means a pupil in membership in grades K to 8 in a district
not maintaining classes above the eighth grade or in grades K to 6 in a district
maintaining classes above the eighth grade. For the purposes of calculating universal
service fund (e-rate) discounts, "elementary pupil" includes children enrolled in a
preschool program operated by a district in its facilities.
(3) "Extended school year" means an educational program conducted by a district
in which pupils must be enrolled but not necessarily in attendance on the pupil
membership count day in an extended year program. The mandatory clock hours shall be
completed by each pupil not more than 365 calendar days after the pupil's first day of
classes for the school year prescribed. The department shall prescribe pupil,
personnel, and other reporting requirements for the educational program.
(4) "Fiscal year" means the state fiscal year that commences October 1 and
continues through September 30.
(5) "General educational development testing
preparation program" "HIGH
SCHOOL
EQUIVALENCY
TEST" means a
program that has high school level courses in English
language arts, social studies, science, and mathematics and
that prepares a person to
successfully complete the general educational development
(GED) test THE GED TEST
DEVELOPED BY THE GED TESTING SERVICE, THE TEST ASSESSING SECONDARY COMPLETION (TASC)
DEVELOPED BY CTB/MCGRAW-HILL, THE HISET TEST DEVELOPED BY THE EDUCATION TESTING
SERVICE (ETS), OR ANOTHER COMPARABLE TEST APPROVED BY THE DEPARTMENT.
(6) "High school pupil" means a pupil in membership in grades 7 to 12, except in
a district not maintaining grades above the eighth grade.
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 education participants, in the district for the immediately
preceding school year, adjusted for those pupils who have transferred into or out of
the district or high school, who leave high school with a diploma or other credential
of equal status.
(4) "Membership", except as otherwise provided in this article, means for a
district, a public school academy, the education achievement system, or an
intermediate district the sum of the product of .90 .50 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
.50 times the final audited count from the supplemental count day for the immediately
preceding school year. A district's, public school
academy's, or intermediate
district's membership shall be adjusted as provided under
section 25e for pupils who
enroll in the district, public school academy, or
intermediate district after the
pupil membership count day. All pupil counts used in this
subsection are as determined
by the department and calculated by adding the number of pupils registered for
attendance plus pupils received by transfer and minus pupils lost as defined by rules
promulgated by the superintendent, and as corrected by a subsequent department audit.
For the purposes of this section and section 6a, for a school of excellence that is a
cyber school, as defined in section 551 of the revised school code, MCL 380.551, and
is in compliance with section 553a of the revised school code, MCL 380.553a, a pupil's
participation in the cyber school's educational program is considered regular daily
attendance; for the education achievement system, a pupil's
participation in an online
A VIRTUAL educational program of the education achievement system or of an achievement
school is considered regular daily attendance; and for a district a pupil's
participation in an online A VIRTUAL course as defined in section 21f is considered
regular daily attendance. The amount of the foundation allowance for a pupil in
membership is determined under section 20. In making the calculation of membership,
all of the following, as applicable, apply to determining the membership of a
district, a public school academy, the education achievement system, or an
intermediate district:
(a) Except as otherwise provided in this subsection, and pursuant to subsection
(6), a pupil shall be counted in membership in the pupil's educating district or
districts. An individual pupil shall not be counted for more than a total of 1.0 full-
time equated membership.
(b) If a pupil is educated in a district other than the pupil's district of
residence, if the pupil is not being educated as part of a cooperative education
program, if the pupil's district of residence does not give the educating district its
approval to count the pupil in membership in the educating district, and if the pupil
is not covered by an exception specified in subsection (6) to the requirement that the
educating district must have the approval of the pupil's district of residence to
count the pupil in membership, the pupil shall not be counted in membership in any
district.
(c) A special education pupil educated by the intermediate district shall be
counted in membership in the intermediate district.
(d) A pupil placed by a court or state agency in an on-grounds program of a
juvenile detention facility, a child caring institution, or a mental health
institution, or a pupil funded under section 53a, shall be counted in membership in
the district or intermediate district approved by the department to operate the
program.
(e) A pupil enrolled in the Michigan schools for the deaf and blind shall be
counted in membership in the pupil's intermediate district of residence.
(f) A pupil enrolled in a career and technical education program supported by a
millage levied over an area larger than a single district or in an area vocational-
technical education program established pursuant to section 690 of the revised school
code, MCL 380.690, shall be counted only in the pupil's district of residence.
(g) A pupil enrolled in a public school academy shall be counted in membership in
the public school academy.
(h) A pupil enrolled in an achievement school shall be counted in membership in
the education achievement system.
(i) For a new district or public school academy beginning its operation after
December 31, 1994, or for the education achievement system or an achievement school,
membership for the first 2 full or partial fiscal years of operation shall be
determined as follows:
(i) If operations begin before the pupil membership count day for the fiscal
year, membership is the average number of full-time equated pupils in grades K to 12
actually enrolled and in regular daily attendance on the pupil membership count day
for the current school year and on the supplemental count day for the current school
year, as determined by the department and calculated by adding the number of pupils
registered for attendance on the pupil membership count day plus pupils received by
transfer and minus pupils lost as defined by rules promulgated by the superintendent,
and as corrected by a subsequent department audit, plus the final audited count from
the supplemental count day for the current school year, and dividing that sum by 2.
(ii) If operations begin after the pupil membership count day for the fiscal year
and not later than the supplemental count day for the fiscal year, membership is the
final audited count of the number of full-time equated pupils in grades K to 12
actually enrolled and in regular daily attendance on the supplemental count day for
the current school year.
(j) If a district is the authorizing body for a public school academy, then, in
the first school year in which pupils are counted in membership on the pupil
membership count day in the public school academy, the determination of the district's
membership shall exclude from the district's pupil count for the immediately preceding
supplemental count day any pupils who are counted in the public school academy on that
first pupil membership count day who were also counted in the district on the
immediately preceding supplemental count day.
(k) In a district, a public school academy, the education achievement system, or
an intermediate district operating an extended school year program approved by the
superintendent, a pupil enrolled, but not scheduled to be in regular daily attendance
on a pupil membership count day, shall be counted.
(l) To be counted in membership, a pupil shall meet the minimum age requirement
to be eligible to attend school under section 1147 of the revised school code, MCL
380.1147, or shall be enrolled under subsection (3) of that section, and shall be less
than 20 years of age on September 1 of the school year except as follows:
(i) A special education pupil who is enrolled and receiving instruction in a
special education program or service approved by the department, who does not have a
high school diploma, and who is less than 26 years of age as of September 1 of the
current school year shall be counted in membership.
(ii) A pupil who is determined by the department to meet all of the following may
be counted in membership:
(A) Is enrolled in a public school academy or an alternative education high
school diploma program, that is primarily focused on educating homeless pupils.
(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.
(D) Is considered to be homeless under 42 USC 11302,
or was counted in membership
under this subparagraph in 2014-2015.
(iii) If a child does not meet the minimum age requirement to be eligible to
attend school for that school year under section 1147 of the revised school code, MCL
380.1147, but will be 5 years of age not later than December 1 of that school year,
the district may count the child in membership for that school year if the parent or
legal guardian has notified the district in writing that he or she intends to enroll
the child in kindergarten for that 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.)
HIGH SCHOOL EQUIVALENCY 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 TALENT AND ECONOMIC 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 or the education
achievement system is also educated by a district or intermediate district as part of
a cooperative education program, the pupil shall be counted in membership only in the
public school academy or the education achievement system unless a written agreement
signed by all parties designates the party or parties in which the pupil shall be
counted in membership, and the instructional time scheduled for the pupil in the
district or intermediate district shall be included in the full-time equated
membership determination under subdivision (q) and section 101. However, for pupils
receiving instruction in both a public school academy or the education achievement
system and in a district or intermediate district but not as a part of a cooperative
education program, the following apply:
(i) If the public school academy or the education achievement system provides
instruction for at least 1/2 of the class hours required under section 101, the public
school academy or the education achievement system shall receive as its prorated share
of the full-time equated membership for each of those pupils an amount equal to 1
times the product of the hours of instruction the public school academy or the
education achievement system provides divided by the number of hours required under
section 101 for full-time equivalency, and the remainder of the full-time membership
for each of those pupils shall be allocated to the district or intermediate district
providing the remainder of the hours of instruction.
(ii) If the public school academy or the education achievement system provides
instruction for less than 1/2 of the class hours required under section 101, 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 required
under section 101 for full-time equivalency, and the remainder of the full-time
membership for each of those pupils shall be allocated to the public school academy or
the education achievement system.
(o) An individual less than 16 years of age as of September 1 of the current
school year who is being educated in an alternative education program shall not be
counted in membership if there are also adult education participants being educated in
the same program or classroom.
(p) The department shall give a uniform interpretation of full-time and part-time
memberships.
(q) The number of class hours used to calculate full-time equated memberships
shall be consistent with section 101. 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 instructional hours scheduled and provided per year per
kindergarten pupil by the same number used for determining full-time equated
memberships for pupils in grades 1 to 12. However, to the extent allowable under
federal law, for a district or public school academy that provides evidence
satisfactory to the department that it used federal title I money in the 2 immediately
preceding school fiscal years to fund full-time kindergarten, full-time equated
memberships for pupils in kindergarten shall be determined by dividing the number of
class hours scheduled and provided per year per kindergarten pupil by a number equal
to 1/2 the number used for determining full-time equated memberships for pupils in
grades 1 to 12. The change in the counting of full-time equated memberships for pupils
in kindergarten that took effect for 2012-2013 is not a mandate.
(s) For a district, a public school academy, or the education achievement system
that has pupils enrolled in a grade level that was not offered by the district, the
public school academy, or the education achievement system in the immediately
preceding school year, the number of pupils enrolled in that grade level to be counted
in membership is the average of the number of those pupils enrolled and in regular
daily attendance on the pupil membership count day and the supplemental count day of
the current school year, as determined by the department. Membership shall be
calculated by adding the number of pupils registered for attendance in that grade
level on the pupil membership count day plus pupils received by transfer and minus
pupils lost as defined by rules promulgated by the superintendent, and as corrected by
subsequent department audit, plus the final audited count from the supplemental count
day for the current school year, and dividing that sum by 2.
(t) A pupil enrolled in a cooperative education program may be counted in
membership in the pupil's district of residence with the written approval of all
parties to the cooperative agreement.
(u) If, as a result of a disciplinary action, a district determines through the
district's alternative or disciplinary education program that the best instructional
placement for a pupil is in the pupil's home or otherwise apart from the general
school population, if that placement is authorized in writing by the district
superintendent and district alternative or disciplinary education supervisor, and if
the district provides appropriate instruction as described in this subdivision to the
pupil at the pupil's home or otherwise apart from the general school population, the
district may count the pupil in membership on a pro rata basis, with the proration
based on the number of hours of instruction the district actually provides to the
pupil divided by the number of hours required under section 101 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 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) If a pupil was enrolled in a public school academy on the pupil membership
count day, if the public school academy's contract with its authorizing body is
revoked or the public school academy otherwise ceases to operate, and if the pupil
enrolls in a district or the education achievement system within 45 days after the
pupil membership count day, the department shall adjust the district's or the
education achievement system's pupil count for the pupil membership count day to
include the pupil in the count.
(w) 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 .50 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
.50 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.
(x) 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 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.
(y) Full-time equated memberships for special education pupils who are not
enrolled in kindergarten but are enrolled in a classroom program under R 340.1754 of
the Michigan administrative code shall be determined by dividing the number of class
hours scheduled and provided per year by 450. Full-time equated memberships for
special education pupils who are not enrolled in kindergarten but are receiving early
childhood special education services under R 340.1755 or R 340.1862 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.
(z) 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.
(aa) 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
described in this subdivision was counted in membership 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 the purposes of determining
the district's membership.
(bb) A district, a public school academy, or the education achievement system
that educates a pupil who attends a United States Olympic Education Center may count
the pupil in membership regardless of whether or not the pupil is a resident of this
state.
(cc) A pupil enrolled in a district other than the pupil's district of residence
pursuant to section 1148(2) of the revised school code, MCL 380.1148, shall be counted
in the educating district or the education achievement system.
(dd) For a pupil enrolled in a dropout recovery program that meets the
requirements of section 23a, the pupil shall be counted as 1/12 of a full-time equated
membership for each month that the district operating the program reports that the
pupil was enrolled in the program and was in full attendance. However, if the special
membership counting provisions under this subdivision and the operation of the other
membership counting provisions under this subsection result in a pupil being counted
as more than 1.0 FTE in a fiscal year, the payment made for the pupil under sections
22a and 22b shall not be based on more than 1.0 FTE for that pupil, and any portion of
an FTE for that pupil that exceeds 1.0 shall instead be paid under section 25g. The
district operating the program shall report to the center the number of pupils who
were enrolled in the program and were in full attendance for a month not later than
the tenth day of the next 30 DAYS AFTER
THE END OF THE month. A
district shall not
report a pupil as being in full attendance for a month unless both of the following
are met:
(i) A personalized learning plan is in place on or before the first school day of
the month for the first month the pupil participates in the program.
(ii) The pupil meets the district's definition under section 23a of satisfactory
monthly progress for that month or, if the pupil does not meet that definition of
satisfactory monthly progress for that month, the pupil did meet that definition of
satisfactory monthly progress in the immediately preceding month and appropriate
interventions are implemented within 10 school days after it is determined that the
pupil does not meet that definition of satisfactory monthly progress.
(ee) A pupil participating in an online A VIRTUAL course under section 21f shall
be counted in membership in the district enrolling the pupil.
(ff) If a public school academy that is not in its first or second year of
operation closes at the end of a school year and does not reopen for the next school
year, the department shall adjust the membership count of the district or the
education achievement system in which a former pupil of the public school academy
enrolls and is in regular daily attendance for the next school year to ensure that the
district or the education achievement system receives the same amount of membership
aid for the pupil as if the pupil were counted in the district or the education
achievement system on the supplemental count day of the preceding school year.
(GG) A NONPUBLIC PART-TIME PUPIL ENROLLED IN GRADES 1 TO 12 IN ACCORDANCE WITH
SECTION 166B SHALL BE COUNTED FOR NO MORE THAN 1/3 OF A FULL-TIME EQUATED MEMBERSHIP.
(5) "Public school academy" means that term as defined in section 5 of the
revised school code, MCL 380.5.
(6) "Pupil" means a person in membership in a public school. A district must have
the approval of the pupil's district of residence to count the pupil in membership,
except approval by the pupil's district of residence is not required for any of the
following:
(a) A nonpublic part-time pupil enrolled in grades 1 to 12 in accordance with
section 166b.
(b) A pupil receiving 1/2 or less of his or her instruction in a district other
than the pupil's district of residence.
(c) A pupil enrolled in a public school academy or the education achievement
system.
(d) A pupil enrolled in a district other than the pupil's district of residence
under an intermediate district schools of choice pilot program as described in section
91a or former section 91 if the intermediate district and its constituent districts
have been exempted from section 105.
(e) A pupil enrolled in a district other than the pupil's district of residence
if the pupil is enrolled in accordance with section 105 or 105c.
(f) A pupil who has made an official written complaint or whose parent or legal
guardian has made an official written complaint to law enforcement officials and to
school officials of the pupil's district of residence that the pupil has been the
victim of a criminal sexual assault or other serious assault, if the official
complaint either indicates that the assault occurred at school or that the assault was
committed by 1 or more other pupils enrolled in the school the pupil would otherwise
attend in the district of residence or by an employee of the district of residence. A
person who intentionally makes a false report of a crime to law enforcement officials
for the purposes of this subdivision is subject to section 411a of the Michigan penal
code, 1931 PA 328, MCL 750.411a, which provides criminal penalties for that conduct.
As used in this subdivision:
(i) "At school" means in a classroom, elsewhere on school premises, on a school
bus or other school-related vehicle, or at a school-sponsored activity or event
whether or not it is held on school premises.
(ii) "Serious assault" means an act that constitutes a felony violation of
chapter XI of the Michigan penal code, 1931 PA 328, MCL 750.81 to 750.90h, or that
constitutes an assault and infliction of serious or aggravated injury under section
81a of the Michigan penal code, 1931 PA 328, MCL 750.81a.
(g) A pupil whose district of residence changed after the pupil membership count
day and before the supplemental count day and who continues to be enrolled on the
supplemental count day as a nonresident in the district in which he or she was
enrolled as a resident on the pupil membership count day of the same school year.
(h) A pupil enrolled in an alternative education program operated by a district
other than his or her district of residence who meets 1 or more of the following:
(i) The pupil has been suspended or expelled from his or her district of
residence for any reason, including, but not limited to, a suspension or expulsion
under section 1310, 1311, or 1311a of the revised school code, MCL 380.1310, 380.1311,
and 380.1311a.
(ii) The pupil had previously dropped out of school.
(iii) The pupil is pregnant or is a parent.
(iv) The pupil has been referred to the program by a court.
(i) A pupil enrolled in the Michigan virtual school, for the pupil's enrollment
in the Michigan virtual school.
(j) A pupil who is the child of a person who works at the district or who is the
child of a person who worked at the district as of the time the pupil first enrolled
in the district but who no longer works at the district due to a workforce reduction.
As used in this subdivision, "child" includes an adopted child, stepchild, or legal
ward.
(k) An expelled pupil who has been denied reinstatement by the expelling district
and is reinstated by another school board under section 1311 or 1311a of the revised
school code, MCL 380.1311 and 380.1311a.
(l) A pupil enrolled in a district other than the pupil's district of residence
in a middle college program if the pupil's district of residence and the enrolling
district are both constituent districts of the same intermediate district.
(m) A pupil enrolled in a district other than the pupil's district of residence
who attends a United States Olympic Education Center.
(n) A pupil enrolled in a district other than the pupil's district of residence
pursuant to section 1148(2) of the revised school code, MCL 380.1148.
(o) A pupil who enrolls in a district other than the pupil's district of
residence as a result of the pupil's school not making adequate yearly progress under
the no child left behind act of 2001, Public Law 107-110 OR THE EVERY STUDENT SUCCEEDS
ACT OF 2015, PUBLIC LAW 114-95.
However, if a district educates pupils who reside in another district and if the
primary instructional site for those pupils is established by the educating district
after 2009-2010 and is located within the boundaries of that other district, the
educating district must have the approval of that other district to count those pupils
in membership.
(7) "Pupil membership count day" of a district or intermediate district means:
(a) Except as provided in subdivision (b), the first Wednesday in October each
school year or, for a district or building in which school is not in session on that
Wednesday due to conditions not within the control of school authorities, with the
approval of the superintendent, the immediately following day on which school is in
session in the district or building.
(b) For a district or intermediate district maintaining school during the entire
school year, the following days:
(i) Fourth Wednesday in July.
(ii) First Wednesday in October.
(iii) Second Wednesday in February.
(iv) Fourth Wednesday in April.
(8) "Pupils in grades K to 12 actually enrolled and in regular daily attendance"
means pupils in grades K to 12 in attendance and receiving instruction in all classes
for which they are enrolled on the pupil membership count day or the supplemental
count day, as applicable. Except as otherwise provided in this subsection, a pupil who
is absent from any of the classes in which the pupil is enrolled on the pupil
membership count day or supplemental count day and who does not attend each of those
classes during the 10 consecutive school days immediately following the pupil
membership count day or supplemental count day, except for a pupil who has been
excused by the district, shall not be counted as 1.0 full-time equated membership. A
pupil who is excused from attendance on the pupil membership count day or supplemental
count day and who fails to attend each of the classes in which the pupil is enrolled
within 30 calendar days after the pupil membership count day or supplemental count day
shall not be counted as 1.0 full-time equated membership. In addition, a pupil who was
enrolled and in attendance in a district, an intermediate district, a public school
academy, or the education achievement system before the pupil membership count day or
supplemental count day of a particular year but was expelled or suspended on the pupil
membership count day or supplemental count day shall only be counted as 1.0 full-time
equated membership if the pupil resumed attendance in the district, intermediate
district, public school academy, or education achievement system within 45 days after
the pupil membership count day or supplemental count day of that particular year.
Pupils not counted as 1.0 full-time equated membership due to an absence from a class
shall be counted as a prorated membership for the classes the pupil attended. For
purposes of this subsection, "class" means a period of time in 1 day when pupils and a
certificated teacher or legally qualified substitute teacher are together and
instruction is taking place.
(9) "Rule" means a rule promulgated pursuant to the administrative procedures act
of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(10) "The revised school code" means 1976 PA 451, MCL 380.1 to 380.1852.
(11) "School district of the first class", "first class school district", and
"district of the first class" mean, for the purposes of this article only, a district
that had at least 40,000 pupils in membership for the immediately preceding fiscal
year.
(12) "School fiscal year" means a fiscal year that commences July 1 and continues
through June 30.
(13) "State board" means the state board of education.
(14) "Superintendent", unless the context clearly refers to a district or
intermediate district superintendent, means the superintendent of public instruction
described in section 3 of article VIII of the state constitution of 1963.
(15) "Supplemental count day" means the day on which the supplemental pupil count
is conducted under section 6a.
(16) "Tuition pupil" means a pupil of school age attending school in a district
other than the pupil's district of residence for whom tuition may be charged to the
district of residence. Tuition pupil does not include a pupil who is a special
education pupil, a pupil described in subsection (6)(c) to (p), or a pupil whose
parent or guardian voluntarily enrolls the pupil in a district that is not the pupil's
district of residence. A pupil's district of residence shall not require a high school
tuition pupil, as provided under section 111, to attend another school district after
the pupil has been assigned to a school district.
(17) "State school aid fund" means the state school aid fund established in
section 11 of article IX of the state constitution of 1963.
(18) "Taxable value" means the taxable value of property as determined under
section 27a of the general property tax act, 1893 PA 206, MCL 211.27a.
(19) "Textbook" means a book, electronic book, or other instructional print or
electronic resource that is selected and approved by the governing board of a district
or, for an achievement school, by the chancellor of the achievement authority and that
contains a presentation of principles of a subject, or that is a literary work
relevant to the study of a subject required for the use of classroom pupils, or
another type of course material that forms the basis of classroom instruction.
(20) "Total state aid" or "total state school aid" means the total combined
amount of all funds due to a district, intermediate district, or other entity under
all of the provisions of this article.
Sec. 11. (1) For the fiscal year
ending September 30, 2015, there is appropriated
for the public schools of this state and certain other
state purposes relating to
education the sum of $11,814,097,400.00 from the state
school aid fund, the sum of
$18,000,000.00 from the MPSERS retirement obligation reform
reserve fund created under
section 147b, and the sum of $33,700,000.00 from the
general fund. For
the fiscal year
ending September 30, 2016 2017, there is appropriated for the public schools of this
state and certain other state purposes relating to education the sum of
$12,078,985,100.00 $12,062,479,300.00 from the state school aid fund, THE SUM OF
$72,000,000.00 FROM THE DETROIT PUBLIC SCHOOLS TRUST FUND, and the sum of
$45,900,000.00 $230,000,000.00 from the general fund. In addition,
all other available
federal funds are appropriated each fiscal year for
the fiscal years YEAR ending
September 30, 2015 and September 30, 2016 2017.
(2) The appropriations under this section shall be allocated as provided in this
article. Money appropriated under this section from the general fund shall be expended
to fund the purposes of this article before the expenditure of money appropriated
under this section from the state school aid fund.
(3) Any general fund allocations under this article that are not expended by the
end of the state fiscal year are transferred to the school aid stabilization fund
created under section 11a.
Sec. 11a. (1) The school aid stabilization fund is created as a separate account
within the state school aid fund established by section 11 of article IX of the state
constitution of 1963.
(2) The state treasurer may receive money or other assets from any source for
deposit into the school aid stabilization fund. The state treasurer shall deposit into
the school aid stabilization fund all of the following:
(a) Unexpended and unencumbered state school aid fund revenue for a fiscal year
that remains in the state school aid fund as of the bookclosing for that fiscal year.
(b) Money statutorily dedicated to the school aid stabilization fund.
(c) Money appropriated to the school aid stabilization fund.
(3) Money available in the school aid stabilization fund may not be expended
without a specific appropriation from the school aid stabilization fund. Money in the
school aid stabilization fund shall be expended only for purposes for which state
school aid fund money may be expended.
(4) The state treasurer shall direct the investment of the school aid
stabilization fund. The state treasurer shall credit to the school aid stabilization
fund interest and earnings from fund investments.
(5) Money in the school aid stabilization fund at the close of a fiscal year
shall remain in the school aid stabilization fund and shall not lapse to the
unreserved school aid fund balance or the general fund.
(6) If the maximum amount appropriated under section 11 from the state school aid
fund for a fiscal year exceeds the amount available for expenditure from the state
school aid fund for that fiscal year, there is appropriated from the school aid
stabilization fund to the state school aid fund an amount equal to the projected
shortfall as determined by the department of treasury, but not to exceed available
money in the school aid stabilization fund. If the money in the school aid
stabilization fund is insufficient to fully fund an amount equal to the projected
shortfall, the state budget director shall notify the legislature as required under
section 296(2) and state payments in an amount equal to the remainder of the projected
shortfall shall be prorated in the manner provided under section 296(3).
(7) For 2015-2016 2016-2017, in addition to the appropriations in section 11,
there is appropriated from the school aid stabilization fund to the state school aid
fund the amount necessary to fully fund the allocations under this article.
Sec. 11j. From the appropriation in section 11, there is allocated an amount not
to exceed $126,500,000.00 for 2015-2016
2016-2017 for payments to the school loan bond
redemption fund in the department of treasury on behalf of districts and intermediate
districts. Notwithstanding section 296 or any other provision of this act, funds
allocated under this section are not subject to proration and shall be paid in full.
Sec. 11k. For 2015-2016 2016-2017, there is appropriated from the general fund to
the school loan revolving fund an amount equal to the amount of school bond loans
assigned to the Michigan finance authority, not to exceed the total amount of school
bond loans held in reserve as long-term assets. As used in this section, "school loan
revolving fund" means that fund created in section 16c of the shared credit rating
act, 1985 PA 227, MCL 141.1066c.
Sec. 11m. From the appropriation in
section 11, there is allocated for 2014-2015
an amount not to exceed $0.00 and there is allocated for
2015-2016 2016-2017 an amount
not to exceed $2,000,000.00 $3,000,000.00 for fiscal year cash-flow borrowing costs
solely related to the state school aid fund established by section 11 of article IX of
the state constitution of 1963.
SEC. 11S. (1) FROM THE GENERAL FUND APPROPRIATION IN SECTION 11, THERE IS
ALLOCATED $10,142,500.00 FOR 2016-2017 FOR THE PURPOSE OF PROVIDING SERVICES AND
PROGRAMS TO CHILDREN WHO RESIDE WITHIN THE BOUNDARIES OF A DISTRICT WITH THE MAJORITY
OF ITS TERRITORY LOCATED WITHIN THE BOUNDARIES OF A CITY IN WHICH A DECLARATION OF
EMERGENCY WAS ISSUED ON JANUARY 5, 2016. IN ADDITION TO THE FUNDING APPROPRIATED IN
SECTION 11, THERE IS APPROPRIATED AND ALLOCATED $100.00 FROM THE FLINT EMERGENCY
RESERVE FUND FOR THE PURPOSES OF THIS SECTION.
(2) FROM THE ALLOCATION IN SUBSECTION (1), THERE IS ALLOCATED TO A DISTRICT WHOSE
TERRITORY IS LOCATED OR MOSTLY LOCATED IN A CITY IN WHICH A DECLARATION OF EMERGENCY
WAS ISSUED ON JANUARY 5, 2016 AND THAT HAS A PUPIL MEMBERSHIP OF AT LEAST 5,000, AN
AMOUNT NOT TO EXCEED $1,292,500.00 FOR THE PURPOSE OF EMPLOYING SCHOOL NURSES AND
SCHOOL SOCIAL WORKERS. THE DISTRICT SHALL PROVIDE A REPORT TO THE DEPARTMENT IN A
FORM, MANNER AND FREQUENCY APPROVED BY THE DEPARTMENT. THE DEPARTMENT SHALL PROVIDE A
COPY OF THAT REPORT TO THE GOVERNOR, THE HOUSE AND SENATE SCHOOL AID SUBCOMMITTEES,
THE HOUSE AND SENATE FISCAL AGENCIES AND THE STATE BUDGET DIRECTOR WITHIN 5 DAYS OF
RECEIPT. THE REPORT SHALL PROVIDE THE FOLLOWING INFORMATION:
(A) HOW MANY PERSONNEL WERE HIRED USING THE FUNDS APPROPRIATED IN THIS
SUBSECTION.
(B) A DESCRIPTION OF THE SERVICES PROVIDED TO STUDENTS BY THOSE PERSONNEL.
(C) HOW MANY STUDENTS RECEIVED EACH TYPE OF SERVICE IDENTIFIED IN SUBDIVISION
(B).
(D) ANY OTHER INFORMATION THE DEPARTMENT CONSIDERS NECESSARY TO ENSURE THE
CHILDREN DESCRIBED IN SUBSECTION (1) RECEIVED APPROPRIATE LEVELS AND TYPES OF
SERVICES.
(3) FROM THE ALLOCATION IN SUBSECTION (1), THERE IS ALLOCATED TO AN INTERMEDIATE
DISTRICT THAT HAS A CONSTITUENT DISTRICT DESCRIBED IN SUBSECTION (2) AN AMOUNT NOT TO
EXCEED $950,000.00 TO AUGMENT STAFF FOR THE PURPOSE OF PROVIDING ADDITIONAL EARLY
CHILDHOOD SERVICES AND NUTRITIONAL SERVICES TO CHILDREN DESCRIBED IN SUBSECTION (1),
REGARDLESS OF LOCATION OF SCHOOL OF ATTENDANCE. EARLY CHILDHOOD SERVICES MEANS STATE
EARLY ON SERVICES AS DEFINED IN SUBSECTION (4) AND EARLY LITERACY SERVICES. IN
ADDITION, FUNDS ALLOCATED UNDER THIS SUBSECTION MAY ALSO BE EXPENDED TO PROVIDE
INFORMATIONAL RESOURCES TO PARENTS, EDUCATORS AND THE COMMUNITY AND COORDINATE
SERVICES WITH OTHER LOCAL AGENCIES. THE INTERMEDIATE DISTRICT SHALL PROVIDE A REPORT
TO THE DEPARTMENT IN A FORM, MANNER AND FREQUENCY APPROVED BY THE DEPARTMENT. THE
DEPARTMENT SHALL PROVIDE A COPY OF THAT REPORT TO THE GOVERNOR, THE HOUSE AND SENATE
SCHOOL AID SUBCOMMITTEES, THE HOUSE AND SENATE FISCAL AGENCIES AND THE STATE BUDGET
DIRECTOR WITHIN 5 DAYS OF RECEIPT. THE REPORT SHALL PROVIDE THE FOLLOWING INFORMATION:
(A) HOW MANY PERSONNEL WERE HIRED USING THE FUNDS APPROPRIATED IN THIS
SUBSECTION.
(B) A DESCRIPTION OF THE SERVICES PROVIDED TO CHILDREN BY THOSE PERSONNEL.
(C) WHAT TYPES OF ADDITIONAL NUTRITIONAL SERVICES WERE PROVIDED.
(D) HOW MANY CHILDREN RECEIVED EACH TYPE OF SERVICE IDENTIFIED IN SUBDIVISIONS
(B) AND (C).
(E) WHAT TYPES OF INFORMATIONAL RESOURCES AND COORDINATION EFFORTS WERE PROVIDED.
(F) ANY OTHER INFORMATION THE DEPARTMENT CONSIDERS NECESSARY TO ENSURE THE
CHILDREN DESCRIBED IN SUBSECTION (1) RECEIVED APPROPRIATE LEVELS AND TYPES OF
SERVICES.
(4) FROM THE ALLOCATION IN SUBSECTION (1), THERE IS ALLOCATED $6,400,000.00 TO
INTERMEDIATE DISTRICTS DESCRIBED IN SUBSECTION (3) TO PROVIDE STATE EARLY ON SERVICES
FOR CHILDREN DESCRIBED IN SUBSECTION (1) LESS THAN FOUR YEARS OF AGE AS OF SEPTEMBER
1, 2016. THE DEPARTMENT SHALL ADMINISTER THE STATE EARLY ON SERVICES CONSISTENT WITH
THE DEFINITIONS OF SERVICES CONTAINED IN THE EARLY ON MICHIGAN STATE PLAN; HOWEVER,
ALL CHILDREN LESS THAN FOUR YEARS OF AGE AS OF SEPTEMBER 1, 2016 DESCRIBED IN
SUBSECTION (1) SHALL BE ASSESSED AND EVALUATED AT LEAST TWICE ANNUALLY.
(5) FROM THE ALLOCATION IN SUBSECTION (1), THERE IS ALLOCATED $1,500,000.00 TO
INTERMEDIATE DISTRICTS DESCRIBED IN SUBSECTION (3) TO ENROLL CHILDREN DESCRIBED IN
SUBSECTION (1) IN SCHOOL-DAY GREAT START READINESS PROGRAMS, REGARDLESS OF HOUSEHOLD
INCOME ELIGIBILITY REQUIREMENTS CONTAINED IN SECTION 39. THE DEPARTMENT SHALL
ADMINISTER THIS FUNDING CONSISTENT WITH ALL OTHER PROVISIONS OF THE GREAT START
READINESS PROGRAMS CONTAINED IN SECTION 32D AND SECTION 39.
(6) IN ADDITION TO OTHER FUNDING ALLOCATED AND APPROPRIATED IN THIS SECTION,
THERE IS APPROPRIATED AN AMOUNT NOT TO EXCEED $15,000,000.00 FOR STATE RESTRICTED
CONTINGENCY FUNDS. THESE CONTINGENCY FUNDS ARE NOT AVAILABLE FOR EXPENDITURE UNTIL
THEY HAVE BEEN TRANSFERRED TO A SECTION WITHIN THIS ARTICLE UNDER SECTION 393(2) OF
THE MANAGEMENT AND BUDGET ACT, 1984 PA 431, MCL 18.1393.
Sec. 15. (1) If a district or intermediate district fails to receive its proper
apportionment, the department, upon satisfactory proof that the district or
intermediate district was entitled justly, shall apportion the deficiency in the next
apportionment. Subject to subsections (2) and (3), if a district or intermediate
district has received more than its proper apportionment, the department, upon
satisfactory proof, shall deduct the excess in the next apportionment. Notwithstanding
any other provision in this article, state aid overpayments to a district, other than
overpayments in payments for special education or special education transportation,
may be recovered from any payment made under this article other than a special
education or special education transportation payment, from the proceeds of a loan to
the district under the emergency municipal loan act, 1980 PA 243, MCL 141.931 to
141.942, or from the proceeds of millage levied or pledged under section 1211 of the
revised school code, MCL 380.1211. State aid overpayments made in special education or
special education transportation payments may be recovered from subsequent special
education or special education transportation payments, from the proceeds of a loan to
the district under the emergency municipal loan act, 1980 PA 243, MCL 141.931 to
141.942, or from the proceeds of millage levied or pledged under section 1211 of the
revised school code, MCL 380.1211.
(2) If the result of an audit conducted by or for the department affects the
current fiscal year membership, affected payments shall be adjusted in the current
fiscal year. A deduction due to an adjustment made as a result of an audit conducted
by or for the department, or as a result of information obtained by the department
from the district, an intermediate district, the department of treasury, or the office
of auditor general, shall be deducted from the district's apportionments when the
adjustment is finalized. At the request of the district and upon the district
presenting evidence satisfactory to the department of the hardship, the department may
grant up to an additional 4 years for the adjustment and may advance payments to the
district otherwise authorized under this article if the district would otherwise
experience a significant hardship in satisfying its
financial obligations. For a
district that is a strict discipline academy established
under sections 1311b to 1311m
of the revised school code, MCL 380.1311b to 380.1311m, and
that claimed a hardship in
2014-2015 because of an overpayment caused by a
miscalculation of its pupil membership
for 2013-2014, the department shall consider the amount of
repayment made by the
district as of the effective date of the amendatory act
that added this sentence to
constitute full repayment and the district is not required
to continue making
repayment for the overpayment that occurred in 2013-2014.
(3) If, based on an audit by the department or the department's designee or
because of new or updated information received by the department, the department
determines that the amount paid to a district or intermediate district under this
article for the current fiscal year or a prior fiscal year was incorrect, the
department shall make the appropriate deduction or payment in the district's or
intermediate district's allocation in the next apportionment after the adjustment is
finalized. The deduction or payment shall be calculated according to the law in effect
in the fiscal year in which the incorrect amount was paid. If the district does not
receive an allocation for the fiscal year or if the allocation is not sufficient to
pay the amount of any deduction, the amount of any deduction otherwise applicable
shall be satisfied from the proceeds of a loan to the district under the emergency
municipal loan act, 1980 PA 243, MCL 141.931 to 141.942, or from the proceeds of
millage levied or pledged under section 1211 of the revised school code, MCL 380.1211,
as determined by the department.
(4) The department may conduct audits, or may direct audits by designee of the
department, for the current fiscal year and the immediately preceding 3 fiscal years
of all records related to a program for which a district or intermediate district has
received funds under this article.
(5) Expenditures made by the department under this article that are caused by the
write-off of prior year accruals may be funded by revenue from the write-off of prior
year accruals.
(6) In addition to funds appropriated in section 11 for all programs and
services, there is appropriated for 2014-2015 and for
2015-2016 2016-2017 for
obligations in excess of applicable appropriations an amount equal to the collection
of overpayments, but not to exceed amounts available from overpayments.
Sec. 18. (1) Except as provided in another section of this article, each district
or other entity shall apply the money received by the district or entity under this
article to salaries and other compensation of teachers and other employees, tuition,
transportation, lighting, heating, ventilation, water service, the purchase of
textbooks, other supplies, and any other school operating expenditures defined in
section 7. However, not more than 20% of the total amount received by a district under
sections 22a and 22b or received by an intermediate district under section 81 may be
transferred by the board to either the capital projects fund or to the debt retirement
fund for debt service. The money shall not be applied or taken for a purpose other
than as provided in this section. The department shall determine the reasonableness of
expenditures and may withhold from a recipient of funds under this article the
apportionment otherwise due upon a violation by the recipient.
(2) A district or intermediate district shall adopt an annual budget in a manner
that complies with the uniform budgeting and accounting act, 1968 PA 2, MCL 141.421 to
141.440a. Within 15 days after a district board adopts its annual operating budget for
the following school fiscal year, or after a district board adopts a subsequent
revision to that budget, the district shall make all of the following available
through a link on its website homepage, or may make the information available through
a link on its intermediate district's website homepage, in a form and manner
prescribed by the department:
(a) The annual operating budget and subsequent budget revisions.
(b) Using data that have already been collected and submitted to the department,
a summary of district expenditures for the most recent fiscal year for which they are
available, expressed in the following 2 pie charts:
(i) A chart of personnel expenditures, broken into the following subcategories:
(A) Salaries and wages.
(B) Employee benefit costs, including, but not limited to, medical, dental,
vision, life, disability, and long-term care benefits.
(C) Retirement benefit costs.
(D) All other personnel costs.
(ii) A chart of all district expenditures, broken into the following
subcategories:
(A) Instruction.
(B) Support services.
(C) Business and administration.
(D) Operations and maintenance.
(c) Links to all of the following:
(i) The current collective bargaining agreement for each bargaining unit.
(ii) Each health care benefits plan, including, but not limited to, medical,
dental, vision, disability, long-term care, or any other type of benefits that would
constitute health care services, offered to any bargaining unit or employee in the
district.
(iii) The audit report of the audit conducted under subsection (4) for the most
recent fiscal year for which it is available.
(iv) The bids required under section 5 of the public employees health benefits
act, 2007 PA 106, MCL 124.75.
(v) The district's written policy governing procurement of supplies, materials,
and equipment.
(vi) The district's written policy establishing specific categories of
reimbursable expenses, as described in section 1254(2) of the revised school code, MCL
380.1254.
(vii) Either the district's accounts payable check register for the most recent
school fiscal year or a statement of the total amount of expenses incurred by board
members or employees of the district that were reimbursed by the district for the most
recent school fiscal year.
(d) The total salary and a description and cost of each fringe benefit included
in the compensation package for the superintendent of the district and for each
employee of the district whose salary exceeds $100,000.00.
(e) The annual amount spent on dues paid to associations.
(f) The annual amount spent on lobbying or lobbying services. As used in this
subdivision, "lobbying" means that term as defined in section 5 of 1978 PA 472, MCL
4.415.
(g) Any deficit elimination plan or enhanced deficit elimination plan the
district was required to submit under the revised school code.
(h) Identification of all credit cards maintained by the district as district
credit cards, the identity of all individuals authorized to use each of those credit
cards, the credit limit on each credit card, and the dollar limit, if any, for each
individual's authorized use of the credit card.
(i) Costs incurred for each instance of out-of-state travel by the school
administrator of the district that is fully or partially paid for by the district and
the details of each of those instances of out-of-state travel, including at least
identification of each individual on the trip, destination, and purpose.
(3) For the information required under subsection (2)(a), (2)(b)(i), and (2)(c),
an intermediate district shall provide the same information in the same manner as
required for a district under subsection (2).
(4) For the purposes of determining the reasonableness of expenditures, whether a
district or intermediate district has received the proper amount of funds under this
article, and whether a violation of this article has occurred, all of the following
apply:
(a) The department shall require that each district and intermediate district
have an audit of the district's or intermediate district's financial and pupil
accounting records conducted at least annually, and at such other times as determined
by the department, at the expense of the district or intermediate district, as
applicable. The audits must be performed by a certified public accountant or by the
intermediate district superintendent, as may be required by the department, or in the
case of a district of the first class by a certified public accountant, the
intermediate superintendent, or the auditor general of the city. A district or
intermediate district shall retain these records for the current fiscal year and from
at least the 3 immediately preceding fiscal years.
(b) If a district operates in a single building with fewer than 700 full-time
equated pupils, if the district has stable membership, and if the error rate of the
immediately preceding 2 pupil accounting field audits of the district is less than 2%,
the district may have a pupil accounting field audit conducted biennially but must
continue to have desk audits for each pupil count. The auditor must document
compliance with the audit cycle in the pupil auditing manual. As used in this
subdivision, "stable membership" means that the district's membership for the current
fiscal year varies from the district's membership for the immediately preceding fiscal
year by less than 5%.
(c) A district's or intermediate district's annual financial audit shall include
an analysis of the financial and pupil accounting data used as the basis for
distribution of state school aid.
(d) The pupil and financial accounting records and reports, audits, and
management letters are subject to requirements established in the auditing and
accounting manuals approved and published by the department.
(e) All of the following shall be done not later than November 1 each year for
reporting the prior fiscal year data:
(i) A district shall file the annual financial audit reports with the
intermediate district and the department.
(ii) The intermediate district shall file the annual financial audit reports for
the intermediate district with the department.
(iii) The intermediate district shall enter the pupil membership audit reports
for its constituent districts and for the intermediate district, for the pupil
membership count day and supplemental count day, in the Michigan student data system.
(f) The annual financial audit reports and pupil accounting procedures reports
shall be available to the public in compliance with the freedom of information act,
1976 PA 442, MCL 15.231 to 15.246.
(g) Not later than January 31 of each year, the department shall notify the state
budget director and the legislative appropriations subcommittees responsible for
review of the school aid budget of districts and intermediate districts that have not
filed an annual financial audit and pupil accounting procedures report required under
this section for the school year ending in the immediately preceding fiscal year.
(5) By November 1 each fiscal year, each district and intermediate district shall
submit to the center, in a manner prescribed by the center, annual comprehensive
financial data CONSISTENT WITH THE DISTRICT OR INTERMEDIATE DISTRICT’S AUDITED
FINANCIAL STATEMENTS AND consistent with accounting manuals and charts of accounts
approved and published by the department. For an intermediate district, the report
shall also contain the website address where the department can access the report
required under section 620 of the revised school code, MCL 380.620. The department
shall ensure that the prescribed Michigan public school accounting manual chart of
accounts includes standard conventions to distinguish expenditures by allowable fund
function and object. The functions shall include at minimum categories for
instruction, pupil support, instructional staff support, general administration,
school administration, business administration, transportation, facilities operation
and maintenance, facilities acquisition, and debt service; and shall include object
classifications of salary, benefits, including categories for active employee health
expenditures, purchased services, supplies, capital outlay, and other. Districts shall
report the required level of detail consistent with the manual as part of the
comprehensive annual financial report.
(6) By September 30 of each year, each district and intermediate district shall
file with the department the special education actual cost report, known as "SE-4096",
on a form and in the manner prescribed by the department.
(7) By October 7 of each year, each district and intermediate district shall file
with the center the transportation expenditure report, known as "SE-4094", on a form
and in the manner prescribed by the center.
(8) The department shall review its pupil accounting and pupil auditing manuals
at least annually and shall periodically update those manuals to reflect changes in
this article.
(9) If a district that is a public school academy purchases property using money
received under this article, the public school academy shall retain ownership of the
property unless the public school academy sells the property at fair market value.
(10) If a district or intermediate district does not comply with subsections (4),
(5), (6), and (7), OR IF THE DEPARTMENT DETERMINES THAT THE FINANCIAL DATA REQUIRED
UNDER SUBSECTION (5) IS NOT CONSISTENT WITH AUDITED FINANCIAL STATEMENTS, the
department shall withhold all state school aid due to the district or intermediate
district under this article, beginning with the next payment due to the district or
intermediate district, until the district or intermediate district complies with
subsections (4), (5), (6), and (7). If the district or intermediate district does not
comply with subsections (4), (5), (6), and (7) by the end of the fiscal year, the
district or intermediate district forfeits the amount withheld.
(11) If a district or intermediate district does not comply with subsection (2),
the department may withhold up to 10% of the total state school aid due to the
district or intermediate district under this article, beginning with the next payment
due to the district or intermediate district, until the district or intermediate
district complies with subsection (2). If the district or intermediate district does
not comply with subsection (2) by the end of the fiscal year, the district or
intermediate district forfeits the amount withheld.
(12) Not later than November 1, 2015 2016, if a district or intermediate district
offers online VIRTUAL learning under section 21f, the
district or intermediate
district shall submit to the department a report that details the per-pupil costs of
operating the online VIRTUAL learning
by vendor type. The report shall include at
least all of the following information concerning the
operation of online VIRTUAL
learning for the school fiscal year ending June 30, 2015 2016:
(a) The name of the district operating the online
VIRTUAL learning and of each
district that enrolled students in the online VIRTUAL learning.
(b) The total number of students enrolled in the online
VIRTUAL learning and the
total number of membership pupils enrolled in the online
VIRTUAL learning.
(c) For each pupil who is enrolled in a district other than the district offering
online VIRTUAL learning, the name of that
district.
(d) The district in which the pupil was enrolled before enrolling in the district
offering online VIRTUAL learning.
(e) The number of participating students who had previously dropped out of
school.
(f) The number of participating students who had previously been expelled from
school.
(g) The total cost to enroll a student in the program. This cost shall be
reported on a per-pupil, per-course, per-semester or trimester basis by vendor type.
The total shall include costs broken down by cost for content development, content
licensing, training, online VIRTUAL instruction and instructional support, personnel,
hardware and software, payment to each online VIRTUAL learning provider, and other
costs associated with operating online VIRTUAL learning.
(h) The name of each online VIRTUAL education provider contracted by the district
and the state in which each online VIRTUAL education provider is headquartered.
(13) Not later than March 31, 2016 2017, the department shall submit to the house
and senate appropriations subcommittees on state school aid, the state budget
director, and the house and senate fiscal agencies a report summarizing the per-pupil
costs by vendor type of online VIRTUAL courses available under section 21f.
(14) As used in subsections (12) and (13), "vendor type" means the following:
(a) Online VIRTUAL courses
provided by the Michigan Virtual University.
(b) Online VIRTUAL courses
provided by a school of excellence that is a cyber
school, as defined in section 551 of the revised school code, MCL 380.551.
(c) Online VIRTUAL courses
provided by third party vendors not affiliated with a
Michigan public school.
(d) Online VIRTUAL courses
created and offered by a district or intermediate
district.
(15) An allocation to a district or another entity under this article is
contingent upon the district's or entity's compliance with this section.
Sec. 19. (1) A district or intermediate district shall comply with all applicable
reporting requirements specified in state and federal law. Data provided to the
center, in a form and manner prescribed by the center, shall be aggregated and
disaggregated as required by state and federal law. In addition, a district or
intermediate district shall cooperate with all measures taken by the center to
establish and maintain a statewide P-20 longitudinal data system.
(2) Each district shall furnish to the center not later than 5 weeks after the
pupil membership count day and by June 30 of the school fiscal year ending in the
fiscal year, in a manner prescribed by the center, the information necessary for the
preparation of the district and high school graduation report. This information shall
meet requirements established in the pupil auditing manual approved and published by
the department. The center shall calculate an annual graduation and pupil dropout rate
for each high school, each district, and this state, in compliance with nationally
recognized standards for these calculations. The center shall report all graduation
and dropout rates to the senate and house education committees and appropriations
committees, the state budget director, and the department not later than 30 days after
the publication of the list described in subsection (6).
(3) By the first business day in December and by June 30 of each year, a district
shall furnish to the center, in a manner prescribed by the center, information related
to educational personnel as necessary for reporting required by state and federal law.
(4) By June 30 of each year, a district shall furnish to the center, in a manner
prescribed by the center, information related to safety practices and criminal
incidents as necessary for reporting required by state and federal law.
(5) If a district or intermediate district fails to meet the requirements of this
section, the department shall withhold 5% of the total funds for which the district or
intermediate district qualifies under this article until the district or intermediate
district complies with all of those subsections. If the district or intermediate
district does not comply with all of those subsections by the end of the fiscal year,
the department shall place the amount withheld in an escrow account until the district
or intermediate district complies with all of those subsections.
(6) Before publishing a list of school or district accountability designations as
required by the no child left behind act of 2001, Public Law 107-110 OR THE EVERY
STUDENT SUCCEEDS ACT OF 2015, PUBLIC LAW 114-95, the department shall allow a school
or district to appeal that determination. The department shall consider and act upon
the appeal within 30 days after it is submitted and shall not publish the list until
after all appeals have been considered and decided.
(7) It is the intent of the legislature to
implement not later than 2016-2017,
statewide standard reporting requirements for education
data approved by the
department in conjunction with the center. The department
shall work with the center,
intermediate districts, districts, and other interested
stakeholders to develop
recommendations on the implementation of this policy
change. A district or
intermediate district shall implement the statewide
standard reporting requirements
not later than 2014-2015 or when a district or intermediate
district updates its
education data reporting system, whichever is later.
Sec. 20. (1) For 2015-2016 2016-2017, both of the following apply:
(a) The basic foundation allowance is $8,169.00
$8,229.00.
(b) The minimum foundation allowance is $7,391.00
$7,511.00.
(2) The amount of each district's foundation allowance shall be calculated as
provided in this section, using a basic foundation allowance in the amount specified
in subsection (1).
(3) Except as otherwise provided in this section, the amount of a district's
foundation allowance shall be calculated as follows, using in all calculations the
total amount of the district's foundation allowance as calculated before any
proration:
(a) Except as otherwise provided in this subdivision, for a district that had a
foundation allowance for the immediately preceding state fiscal year that was equal to
the minimum foundation allowance for the immediately preceding state fiscal year, but
less than the basic foundation allowance for the immediately preceding state fiscal
year, the district shall receive a foundation allowance in an amount equal to the sum
of the district's foundation allowance for the immediately preceding state fiscal year
plus the difference between twice the dollar amount of the adjustment from the
immediately preceding state fiscal year to the current state fiscal year made in the
basic foundation allowance and [(the difference between the basic foundation allowance
for the current state fiscal year and basic foundation allowance for the immediately
preceding state fiscal year minus $23.00 $20.00) times (the difference between the
district's foundation allowance for the immediately preceding state fiscal year and
the minimum foundation allowance for the immediately preceding state fiscal year)
divided by the difference between the basic foundation allowance for the current state
fiscal year and the minimum foundation allowance for the immediately preceding state
fiscal year]. However, the foundation allowance for a district that had less than the
basic foundation allowance for the immediately preceding state fiscal year shall not
exceed the basic foundation allowance for the current state
fiscal year. For the
purposes of this subdivision, for 2015-2016, the minimum
foundation allowance for the
immediately preceding state fiscal year shall be considered
to be $7,251.00.
(b) Except as otherwise provided in this subsection, for a district that in the
immediately preceding state fiscal year had a foundation allowance in an amount equal
to the amount of the basic foundation allowance for the immediately preceding state
fiscal year, the district shall receive a foundation allowance for 2015-2016 in an
amount equal to the basic foundation allowance for 2015-2016.
(c) For a district that had a foundation allowance for the immediately preceding
state fiscal year that was greater than the basic foundation allowance for the
immediately preceding state fiscal year, the district's foundation allowance is an
amount equal to the sum of the district's foundation allowance for the immediately
preceding state fiscal year plus the lesser of the increase in the basic foundation
allowance for the current state fiscal year, as compared to the immediately preceding
state fiscal year, or the product of the district's foundation allowance for the
immediately preceding state fiscal year times the percentage increase in the United
States consumer price index in the calendar year ending in the immediately preceding
fiscal year as reported by the May revenue estimating conference conducted under
section 367b of the management and budget act, 1984 PA 431, MCL 18.1367b.
(d) For a district that has a foundation allowance that is not a whole dollar
amount, the district's foundation allowance shall be rounded up to the nearest whole
dollar.
(e) For a district that received a payment under
section 22c as that section was
in effect for 2014-2015, the district's 2014-2015
foundation allowance shall be
considered to have been an amount equal to the sum of the
district's actual 2014-2015
foundation allowance as otherwise calculated under this
section plus the per-pupil
amount of the district's equity payment for 2014-2015 under
section 22c as that
section was in effect for 2014-2015.
(4) Except as otherwise provided in this subsection, the state portion of a
district's foundation allowance is an amount equal to the district's foundation
allowance or the basic foundation allowance for the current state fiscal year,
whichever is less, minus the local portion of the district's foundation allowance
divided by the district's membership excluding special education pupils. For a
district described in subsection (3)(c), the state portion of the district's
foundation allowance is an amount equal to $6,962.00 plus the difference between the
district's foundation allowance for the current state fiscal year and the district's
foundation allowance for 1998-99, minus the local portion of the district's foundation
allowance divided by the district's membership excluding special education pupils. For
a district that has a millage reduction required under section 31 of article IX of the
state constitution of 1963, the state portion of the district's foundation allowance
shall be calculated as if that reduction did not occur. For a receiving district, if
school operating taxes continue to be levied on behalf of a dissolved district that
has been attached in whole or in part to the receiving district to satisfy debt
obligations of the dissolved district under section 12 of the revised school code, MCL
380.12, the taxable value per membership pupil of property in the receiving district
used for the purposes of this subsection does not include the taxable value of
property within the geographic area of the dissolved district.
(5) The allocation calculated under this section for a pupil shall be based on
the foundation allowance of the pupil's district of residence. For a pupil enrolled
pursuant to section 105 or 105c in a district other than the pupil's district of
residence, the allocation calculated under this section shall be based on the lesser
of the foundation allowance of the pupil's district of residence or the foundation
allowance of the educating district. For a pupil in membership in a K-5, K-6, or K-8
district who is enrolled in another district in a grade not offered by the pupil's
district of residence, the allocation calculated under this section shall be based on
the foundation allowance of the educating district if the educating district's
foundation allowance is greater than the foundation allowance of the pupil's district
of residence. THE CALCULATION UNDER THIS SUBSECTION SHALL TAKE INTO ACCOUNT A
DISTRICT’S PER PUPIL ALLOCATION UNDER SECTION 20J(2).
(6) Except as otherwise provided in this subsection, for pupils in membership,
other than special education pupils, in a public school academy, the allocation
calculated under this section is an amount per membership pupil other than special
education pupils in the public school academy equal to the foundation allowance of the
district in which the public school academy is located or the state maximum public
school academy allocation, whichever is less. For pupils in membership, other than
special education pupils, in a public school academy that is a cyber school and is
authorized by a school district, the allocation calculated under this section is an
amount per membership pupil other than special education pupils in the public school
academy equal to the foundation allowance of the district that authorized the public
school academy or the state maximum public school academy allocation, whichever is
less. However, a public school academy that had an allocation under this subsection
before 2009-2010 that was equal to the sum of the local school operating revenue per
membership pupil other than special education pupils for the district in which the
public school academy is located and the state portion of that district's foundation
allowance shall not have that allocation reduced as a result of the 2010 amendment to
this subsection. Notwithstanding section 101, for a public school academy that begins
operations after the pupil membership count day, the amount per membership pupil
calculated under this subsection shall be adjusted by multiplying that amount per
membership pupil by the number of hours of pupil instruction provided by the public
school academy after it begins operations, as determined by the department, divided by
the minimum number of hours of pupil instruction required under section 101(3). The
result of this calculation shall not exceed the amount per membership pupil otherwise
calculated under this subsection.
(7) Except as otherwise provided in this subsection, for pupils attending an
achievement school and in membership in the education achievement system, other than
special education pupils, the allocation calculated under this section is an amount
per membership pupil other than special education pupils equal to the foundation
allowance of the district in which the achievement school is located, not to exceed
the basic foundation allowance. Notwithstanding section 101, for an achievement school
that begins operation after the pupil membership count day, the amount per membership
pupil calculated under this subsection shall be adjusted by multiplying that amount
per membership pupil by the number of hours of pupil instruction provided by the
achievement school after it begins operations, as determined by the department,
divided by the minimum number of hours of pupil instruction required under section
101(3). The result of this calculation shall not exceed the amount per membership
pupil otherwise calculated under this subsection. For the purposes of this subsection,
if a public school is transferred from a district to the state school reform/redesign
district or the achievement authority under section 1280c of the revised school code,
MCL 380.1280c, that public school is considered to be an achievement school within the
education achievement system and not a school that is part of a district, and a pupil
attending that public school is considered to be in membership in the education
achievement system and not in membership in the district that operated the school
before the transfer.
(8) Subject to subsection (4), for a district that is formed or reconfigured
after June 1, 2002 by consolidation of 2 or more districts or by annexation, the
resulting district's foundation allowance under this section beginning after the
effective date of the consolidation or annexation shall be the lesser of the sum of
the average of the foundation allowances of each of the original or affected
districts, calculated as provided in this section, weighted as to the percentage of
pupils in total membership in the resulting district who reside in the geographic area
of each of the original or affected districts plus $100.00 or the highest foundation
allowance among the original or affected districts. This subsection does not apply to
a receiving district unless there is a subsequent consolidation or annexation that
affects the district. THE CALCULATION UNDER THIS SUBSECTION SHALL TAKE INTO ACCOUNT A
DISTRICT’S PER PUPIL ALLOCATION UNDER SECTION 20J(2).
(9) Each fraction used in making calculations under this section shall be rounded
to the fourth decimal place and the dollar amount of an increase in the basic
foundation
allowance shall be rounded to the nearest whole dollar.
(10) State payments related to payment of the foundation allowance for a special
education pupil are not calculated under this section but are instead calculated under
section 51a.
(11) To assist the legislature in determining the basic foundation allowance for
the subsequent state fiscal year, each revenue estimating conference conducted under
section 367b of the management and budget act, 1984 PA 431, MCL 18.1367b, shall
calculate a pupil membership factor, a revenue adjustment factor, and an index as
follows:
(a) The pupil membership factor shall be computed by dividing the estimated
membership in the school year ending in the current state fiscal year, excluding
intermediate district membership, by the estimated membership for the school year
ending in the subsequent state fiscal year, excluding intermediate district
membership. If a consensus membership factor is not determined at the revenue
estimating conference, the principals of the revenue estimating conference shall
report their estimates to the house and senate subcommittees responsible for school
aid appropriations not later than 7 days after the conclusion of the revenue
conference.
(b) The revenue adjustment factor shall be computed by dividing the sum of the
estimated total state school aid fund revenue for the subsequent state fiscal year
plus the estimated total state school aid fund revenue for the current state fiscal
year, adjusted for any change in the rate or base of a tax the proceeds of which are
deposited in that fund and excluding money transferred into that fund from the
countercyclical budget and economic stabilization fund under the management and budget
act, 1984 PA 431, MCL 18.1101 to 18.1594, by the sum of the estimated total school aid
fund revenue for the current state fiscal year plus the estimated total state school
aid fund revenue for the immediately preceding state fiscal year, adjusted for any
change in the rate or base of a tax the proceeds of which are deposited in that fund.
If a consensus revenue factor is not determined at the revenue estimating conference,
the principals of the revenue estimating conference shall report their estimates to
the house and senate subcommittees responsible for school aid appropriations not later
than 7 days after the conclusion of the revenue conference.
(c) The index shall be calculated by multiplying the pupil membership factor by
the revenue adjustment factor. If a consensus index is not determined at the revenue
estimating conference, the principals of the revenue estimating conference shall
report their estimates to the house and senate subcommittees responsible for school
aid appropriations not later than 7 days after the conclusion of the revenue
conference.
(12) Payments to districts, public school academies, or the education achievement
system shall not be made under this section. Rather, the calculations under this
section shall be used to determine the amount of state payments under section 22b.
(13) If an amendment to section 2 of article VIII of the state constitution of
1963 allowing state aid to some or all nonpublic schools is approved by the voters of
this state, each foundation allowance or per-pupil payment calculation under this
section may be reduced.
(14) As used in this section:
(a) "Certified mills" means the lesser of 18 mills or the number of mills of
school operating taxes levied by the district in 1993-94.
(b) "Combined state and local revenue" means the aggregate of the district's
state school aid received by or paid on behalf of the district under this section and
the district's local school operating revenue.
(c) "Combined state and local revenue per membership pupil" means the district's
combined state and local revenue divided by the district's membership excluding
special education pupils.
(d) "Current state fiscal year" means the state fiscal year for which a
particular calculation is made.
(e) "Dissolved district" means a district that loses its organization, has its
territory attached to 1 or more other districts, and is dissolved as provided under
section 12 of the revised school code, MCL 380.12.
(f) "Immediately preceding state fiscal year" means the state fiscal year
immediately preceding the current state fiscal year.
(g) "Local portion of the district's foundation allowance" means an amount that
is equal to the difference between (the sum of the product of the taxable value per
membership pupil of all property in the district that is nonexempt property times the
district's certified mills and, for a district with certified mills exceeding 12, the
product of the taxable value per membership pupil of property in the district that is
commercial personal property times the certified mills minus 12 mills) and (the
quotient of the product of the captured assessed valuation under tax increment
financing acts times the district's certified mills divided by the district's
membership excluding special education pupils).
(h) "Local school operating revenue" means school operating taxes levied under
section 1211 of the revised school code, MCL 380.1211. For a receiving district, if
school operating taxes are to be levied on behalf of a dissolved district that has
been attached in whole or in part to the receiving district to satisfy debt
obligations of the dissolved district under section 12 of the revised school code, MCL
380.12, local school operating revenue does not include school operating taxes levied
within the geographic area of the dissolved district.
(i) "Local school operating revenue per membership pupil" means a district's
local school operating revenue divided by the district's membership excluding special
education pupils.
(j) "Maximum public school academy allocation", except as otherwise provided in
this subdivision, means the maximum per-pupil allocation as calculated by adding the
highest per-pupil allocation among all public school academies for the immediately
preceding state fiscal year plus the difference between twice the amount of the
difference between the basic foundation allowance for the current state fiscal year
and the basic foundation allowance for the immediately preceding state fiscal year and
[(the amount of the difference between the basic foundation allowance for the current
state fiscal year and the basic foundation allowance for the immediately preceding
state fiscal year minus $23.00 $20.00) times (the difference between the highest per-
pupil allocation among all public school academies for the immediately preceding state
fiscal year and the minimum foundation allowance for the immediately preceding state
fiscal year) divided by the difference between the basic foundation allowance for the
current state fiscal year and the minimum foundation allowance for the immediately
preceding state fiscal year]. For the purposes of this
subdivision, for 2015-2016
2016-2017, the maximum public school academy
allocation is $7,391.00 $7,511.00.
(k) "Membership" means the definition of that term under section 6 as in effect
for the particular fiscal year for which a particular calculation is made.
(l) "Nonexempt property" means property that is not a principal residence,
qualified agricultural property, qualified forest property, supportive housing
property, industrial personal property, commercial personal property, or property
occupied by a public school academy.
(m) "Principal residence", "qualified agricultural property", "qualified forest
property", "supportive housing property", "industrial personal property", and
"commercial personal property" mean those terms as defined in section 1211 of the
revised school code, MCL 380.1211.
(n) "Receiving district" means a district to which all or part of the territory
of a dissolved district is attached under section 12 of the revised school code, MCL
380.12.
(o) "School operating purposes" means the purposes included in the operation
costs of the district as prescribed in sections 7 and 18 and purposes authorized under
section 1211 of the revised school code, MCL 380.1211.
(p) "School operating taxes" means local ad valorem property taxes levied under
section 1211 of the revised school code, MCL 380.1211, and retained for school
operating purposes.
(q) "Tax increment financing acts" means 1975 PA 197, MCL 125.1651 to 125.1681,
the tax increment finance authority act, 1980 PA 450, MCL 125.1801 to 125.1830, the
local development financing act, 1986 PA 281, MCL 125.2151 to 125.2174, the brownfield
redevelopment financing act, 1996 PA 381, MCL 125.2651 to 125.2672, or the corridor
improvement authority act, 2005 PA 280, MCL 125.2871 to 125.2899.
(r) "Taxable value per membership pupil" means taxable value, as certified by the
county treasurer and reported to the department, for the calendar year ending in the
current state fiscal year divided by the district's membership excluding special
education pupils for the school year ending in the current state fiscal year.
Sec. 20d. In making the final determination required under former section 20a of
a district's combined state and local revenue per membership pupil in 1993-94 and in
making calculations under section 20 for 2015-2016 2016-2017, the department and the
department of treasury shall comply with all of the following:
(a) For a district that had combined state and local revenue per membership pupil
in the 1994-95 state fiscal year of $6,500.00 or more and served as a fiscal agent for
a state board designated area vocational education center in the 1993-94 school year,
total state school aid received by or paid on behalf of the district pursuant to this
act in 1993-94 shall exclude payments made under former section 146 and under section
147 on behalf of the district's employees who provided direct services to the area
vocational education center. Not later than June 30, 1996, the department shall make
an adjustment under this subdivision to the district's combined state and local
revenue per membership pupil in the 1994-95 state fiscal year and the department of
treasury shall make a final certification of the number of mills that may be levied by
the district under section 1211 of the revised school code, MCL 380.1211, as a result
of the adjustment under this subdivision.
(b) If a district had an adjustment made to its 1993-94 total state school aid
that excluded payments made under former section 146 and under section 147 on behalf
of the district's employees who provided direct services for intermediate district
center programs operated by the district under article 5, if nonresident pupils
attending the center programs were included in the district's membership for purposes
of calculating the combined state and local revenue per membership pupil for 1993-94,
and if there is a signed agreement by all constituent districts of the intermediate
district that an adjustment under this subdivision shall be made, the foundation
allowances for 1995-96 and 1996-97 of all districts that had pupils attending the
intermediate district center program operated by the district that had the adjustment
shall be calculated as if their combined state and local revenue per membership pupil
for 1993-94 included resident pupils attending the center program and excluded
nonresident pupils attending the center program.
Sec. 20f. (1) From the funds appropriated in section 11, there is allocated an
amount not to exceed $18,000,000.00 for 2015-2016 2016-2017 for payments to eligible
districts under this section.
(2) The funding under this subsection is from the allocation under subsection
(1). A district is eligible for funding under this subsection if the district received
a payment under this section as it was in effect for 2013-2014. A district was
eligible for funding in 2013-2014 if the sum of the following was less than $5.00:
(a) The increase in the district's foundation allowance or per-pupil payment as
calculated under section 20 from 2012-2013 to 2013-2014.
(b) The district's equity payment per membership pupil under section 22c for
2013-2014.
(c) The quotient of the district's allocation under section 147a for 2012-2013
divided by the district's membership pupils for 2012-2013 minus the quotient of the
district's allocation under section 147a for 2013-2014 divided by the district's
membership pupils for 2013-2014.
(3) The amount allocated to each eligible district under subsection (2) is an
amount per membership pupil equal to the amount per membership pupil the district
received under this section in 2013-2014.
(4) The funding under this subsection is from the allocation under subsection
(1). A district is eligible for funding under this
subsection for 2015-2016 2016-2017
if the sum of the following is less than $25.00:
(a) The increase in the district's foundation allowance or per-pupil payment as
calculated under section 20 from 2014-2015 to 2015-2016.
(b) The decrease in the district's best practices per-pupil funding under section
22f from 2014-2015 to 2015-2016.
(c) The decrease in the district's pupil performance per-pupil funding under
section 22j from 2014-2015 to 2015-2016.
(d) The quotient of the district's allocation under section 31a for 2015-2016
divided by the district's membership pupils for 2015-2016 minus the quotient of the
district's allocation under section 31a for 2014-2015 divided by the district's
membership pupils for 2014-2015.
(5) The amount allocated to each eligible district under subsection (4) is an
amount per membership pupil equal to $25.00 minus the sum of the following:
(a) The increase in the district's foundation allowance or per-pupil payment as
calculated under section 20 from 2014-2015 to 2015-2016.
(b) The decrease in the district's best practices per-pupil funding under section
22f from 2014-2015 to 2015-2016.
(c) The decrease in the district's pupil performance per-pupil funding under
section 22j from 2014-2015 to 2015-2016.
(d) The quotient of the district's allocation under section 31a for 2015-2016
divided by the district's membership pupils for 2015-2016 minus the quotient of the
district's allocation under section 31a for 2014-2015 divided by the district's
membership pupils for 2014-2015.
(6) If the allocation under subsection (1) is insufficient to fully fund payments
under subsections (3) and (5) as otherwise calculated under this section, the
department shall prorate payments under this section on an equal per-pupil basis.
Sec. 20g. (1) From the money appropriated under section 11, there is allocated an
amount not to exceed $2,200,000.00 for 2015-2016 2016-2017 for grants to eligible
districts that first received payments under this section in 2013-2014 for transition
costs related to the enrollment of pupils who were previously enrolled in a district
that was dissolved under section 12 of the revised school code, MCL 380.12, allocated
as provided under subsection (3). Payments under this section shall continue for a
total of 4 fiscal years following the dissolution of a district, after which the
payments shall cease.
(2) A receiving school district, as that term is defined in section 12 of the
revised school code, MCL 380.12, is an eligible district under this section.
(3) The amount allocated to each eligible district under this section is an
amount equal to the product of the number of membership pupils enrolled in the
eligible district who were previously enrolled in the dissolved school district in the
school year immediately preceding the dissolution, or who reside in the geographic
area of the dissolved school district and are entering kindergarten, times 10.0% of
the lesser of the foundation allowance of the eligible district as calculated under
section 20 or the basic foundation allowance under section 20(1).
(4) As used in this section, "dissolved school district" means a school district
that has been declared dissolved under section 12 of the revised school code, 1976 PA
451, MCL 380.12.
Sec. 20j. (1) Foundation allowance supplemental payments for 2016-2017 to
districts that in the 2015-2016 fiscal year had a foundation allowance greater than
$8,169.00 shall be calculated under this section.
(2) The per pupil allocation to each district under this section shall be the
difference between the DOLLAR AMOUNT OF THE ADJUSTMENT FROM THE IMMEDIATELY PRECEDING
STATE FISCAL YEAR TO THE CURRENT STATE FISCAL YEAR IN THE BASIC FOUNDATION ALLOWANCE
minus the dollar amount of the adjustment from the immediately preceding fiscal year
to the current state fiscal year in a qualifying district’s foundation allowance.
(3) If a district's local revenue per pupil does not exceed the sum of its
foundation allowance under section 20 plus the per pupil allocation under subsection
(2), the total payment to the district calculated under this section shall be the
product of the per pupil allocation under subsection (2) multiplied by the district's
membership excluding special education pupils. If a district's local revenue per pupil
exceeds the foundation allowance under section 20 but does not exceed the sum of the
foundation allowance under section 20 plus the per pupil allocation under subsection
(2), the total payment to the district calculated under this section shall be the
product of the difference between the sum of the foundation allowance under section 20
plus the per pupil allocation under subsection (2) minus the local revenue per pupil
multiplied by the district's membership excluding special education pupils. If a
district's local revenue per pupil exceeds the sum of the foundation allowance under
section 20 plus the per pupil allocation under subsection (2), there is no payment
calculated under this section for the district.
(4) Payments to districts shall not be made under this section. Rather, the
calculations under this section shall be made and used to determine the amount of
state payments under section 22b.
SEC. 21. (1) FROM THE APPROPRIATION IN SECTION 11, THERE IS ALLOCATED AN AMOUNT
NOT TO EXCEED $5,000,000.00 FOR 2016-2017 TO MAKE SUPPLEMENTAL PAYMENTS TO ELIGIBLE
DISTRICTS THAT ARE IDENTIFIED AS BEING AMONG THE LOWEST ACHIEVING 5 PERCENT OF ALL
PUBLIC SCHOOLS IN THIS STATE.
(2) DISTRICTS ARE ELIGIBLE TO RECEIVE THE SUPPLEMENTAL PAYMENTS CALCULATED UNDER
THIS SECTION FOR THREE CONSECUTIVE FISCAL YEARS IF THE FOLLOWING CONDITIONS ARE MET:
(A) THE STATE SCHOOL REFORM/REDESIGN OFFICER HAS APPOINTED A CHIEF EXECUTIVE
OFFICER TO TAKE CONTROL OF ONE OR MORE PUBLIC SCHOOLS IN THE DISTRICT, AS PROVIDED FOR
IN SECTION 1280C(7) OF THE REVISED SCHOOL CODE, MCL 380.1280C, AND THERE IS A HIGH
SCHOOL LOCATED WITHIN THE DISTRICT.
(B) AS DETERMINED BY THE SCHOOL REFORM OFFICE, AN INTERVENTION AGREEMENT MEETING
MINIMALLY THE FOLLOWING CRITERIA HAS BEEN EXECUTED BY THE STATE SCHOOL REFORM/REDESIGN
OFFICER AND THE DISTRICT. THE INTERVENTION AGREEMENT SHALL INCLUDE, BUT IS NOT LIMITED
TO:
(I) THE RIGHTS AND RESPONSIBILITIES OF THE CHIEF EXECUTIVE OFFICER AS LONG AS THE
AGREEMENT IN NO WAY MITIGATES THE AUTHORITY OUTLINED IN APPLICABLE STATUTE INCLUDING
FINANCIAL AND EMPLOYMENT AUTHORITY.
(II) THE ALLOCATION OF SUPPLEMENTAL PAYMENTS DEFINED IN THIS SECTION.
(III) CHIEF EXECUTIVE OFFICER COMPENSATION.
(IV) ROLE OF THE DISTRICT’S BOARD AND OFFICERS DURING THE INTERVENTION TERM.
(V) TERMINATION AND RENEWAL RIGHTS OF THE SCHOOL REFORM OFFICE.
(VI) LIABILITY PROVISIONS FOR THE CHIEF EXECUTIVE OFFICER.
(VII) DISPUTE RESOLUTION PROCESS.
(VIII) LENGTH OF TERM OF AGREEMENT.
(IX) OTHER PROVISIONS AS DETERMINED BY THE SCHOOL REFORM OFFICE FOR SUCCESSFUL
IMPLEMENTATION OF THE CHIEF EXECUTIVE OFFICER INTERVENTION.
(3) THE SUPPLEMENTAL PAYMENT PROVIDED TO A DISTRICT UNDER THIS SECTION SHALL BE
CALCULATED BY MULTIPLYING THE DISTRICT’S FOUNDATION ALLOWANCE BY 20 PERCENT OF THE
HIGH SCHOOL’S PUPIL MEMBERSHIP FOR THE PRIOR FISCAL YEAR. THE SAME DOLLAR AMOUNT SHALL
CONTINUE TO BE AVAILABLE TO THE DISTRICT FOR A MAXIMUM OF THREE YEARS, SUBJECT TO THE
CONDITIONS SPECIFIED IN SUBSECTION (2).
(4) FROM THE ALLOCATION IN SUBSECTION (1), IN ADDITION TO THE SUPPLEMENTAL
PAYMENTS CALCULATED UNDER SUBSECTION (3), THERE IS ALLOCATED AN AMOUNT SUFFICIENT TO
PAY FOR THE APPOINTMENT OF CHIEF EXECUTIVE OFFICERS BY THE STATE SCHOOL
REFORM/REDESIGN OFFICER, AS PROVIDED FOR IN SECTION 1280C(7) OF THE REVISED SCHOOL
CODE, MCL 380,1280C.
(5) FOR THE PURPOSES OF THIS SECTION, A HIGH SCHOOL IS GRADES 9 TO 12.
Sec. 21f. (1) A pupil enrolled in
a district in any of grades 6 to 12 is eligible
to enroll in an online course as provided for in this
section. A PRIMARY DISTRICT
SHALL ENROLL AN ELIGIBLE PUPIL IN VIRTUAL COURSES IN ACCORDANCE WITH THE PROVISIONS OF
THIS SECTION. ALL VIRTUAL COURSES OFFERED TO ELIGIBLE PUPILS MUST BE PUBLISHED IN THE
PRIMARY DISTRICT’S CATALOG OF BOARD-APPROVED COURSES OR IN THE STATEWIDE CATALOG OF
VIRTUAL COURSES MAINTAINED BY THE MICHIGAN VIRTUAL UNIVERSITY PURSUANT TO SECTION 98.
THE PRIMARY DISTRICT SHALL ALSO PROVIDE ON ITS PUBLICLY ACCESSIBLE WEBSITE A LINK TO
THE STATEWIDE CATALOG OF VIRTUAL COURSES MAINTAINED BY THE MICHIGAN VIRTUAL
UNIVERSITY.
(2) With the consent of the pupil's parent or
legal guardian, a district A
PRIMARY
DISTRICT shall enroll
an eligible pupil in up to 2 online VIRTUAL
courses as
requested by the pupil during an academic term, semester,
or trimester. Unless the
pupil is newly enrolled in the pupil's primary district,
the request for online course
enrollment must be made in the academic term, semester,
trimester, or summer preceding
the enrollment. A district may not establish additional
requirements that would
prohibit a pupil from taking an online course. If a pupil
has demonstrated previous
success with online courses and the school leadership and
the pupil's parent or legal
guardian determine that it is in the best interest of the
pupil, a pupil may be
enrolled in more than 2 online courses in a specific
academic term, semester, or
trimester. Consent of the pupil's parent or legal guardian
is not required if the
pupil is at least age 18 or is an emancipated minor.
(3) An eligible pupil may enroll in an online
course published in the pupil's
primary district's catalog of online courses described in
subsection (7)(a) or the
statewide catalog of online courses maintained by the
Michigan Virtual University
pursuant to section 98.
(3) A PUPIL MAY BE ENROLLED IN MORE THAN 2 VIRTUAL COURSES IN A SPECIFIC ACADEMIC
TERM, SEMESTER, OR TRIMESTER IF ALL OF THE FOLLOWING CONDITIONS ARE MET:
(A) THE PRIMARY DISTRICT HAS DETERMINED THAT IT IS IN THE BEST INTEREST OF THE
PUPIL.
(B) THE PUPIL AGREES WITH THE RECOMMENDATION OF THE PRIMARY DISTRICT.
(C) THE PRIMARY DISTRICT, IN COLLABORATION WITH THE PUPIL, HAS DEVELOPED AN
EDUCATION DEVELOPMENT PLAN, IN A FORM AND MANNER SPECIFIED BY THE DEPARTMENT, THAT IS
KEPT ON FILE BY THE DISTRICT.
(4) A providing district or community college
shall determine whether or not it
has capacity to accept applications for enrollment from
nonresident applicants in
online courses and may use that limit as the reason for
refusal to enroll an
applicant. If the number of nonresident applicants eligible
for acceptance in an
online A VIRTUAL course does not exceed the capacity
of the providing district or
community college PROVIDER to provide the online VIRTUAL course, the providing
district or community college PROVIDER
shall accept for
enrollment all of the
nonresident applicants eligible for acceptance. If the number of nonresident
applicants exceeds the providing district's or community
college's PROVIDER’S capacity
to provide the online VIRTUAL course,
the providing district or community college
PROVIDER shall use a random draw system, subject to the need to abide by state and
federal antidiscrimination laws and court orders. A PRIMARY DISTRICT THAT IS ALSO A
PROVIDER SHALL DETERMINE WHETHER OR NOT IT HAS THE CAPACITY TO ACCEPT APPLICATIONS FOR
ENROLLMENT FROM NONRESIDENT APPLICANTS IN VIRTUAL COURSES AND MAY USE THAT LIMIT AS
THE REASON FOR REFUSAL TO ENROLL A NONRESIDENT APPLICANT.
(5) A PRIMARY DISTRICT MAY NOT ESTABLISH ADDITIONAL REQUIREMENTS BEYOND THOSE
SPECIFIED IN THIS SUBSECTION THAT WOULD PROHIBIT A PUPIL FROM TAKING A VIRTUAL COURSE.
A pupil's primary district may deny the pupil enrollment in
an online A VIRTUAL course
if any of the following apply, as determined by the district:
(A) THE PUPIL IS IN ANY OF GRADES KINDERGARTEN THROUGH 5.
(B)
(a) The pupil has previously gained the
credits THAT WOULD BE provided from
the completion of the online VIRTUAL course.
(C)
(b) The online VIRTUAL course is not capable of generating academic credit.
(D)
(c) The online VIRTUAL course is inconsistent with the remaining graduation
requirements or career interests of the pupil.
(E)
(d) The pupil does
not possess the prerequisite knowledge and skills to be
successful in the online course or has demonstrated failure
in previous online
coursework in the same subject. THE
PUPIL HAS NOT COMPLETED THE PREREQUISITE
COURSEWORK FOR THE REQUESTED VIRTUAL COURSE OR HAS NOT DEMONSTRATED PROFICIENCY IN THE
PREREQUISITE COURSE CONTENT.
(F) THE PUPIL HAS FAILED A PREVIOUS VIRTUAL COURSE IN THE SAME SUBJECT IN THE 2
MOST RECENT ACADEMIC YEARS.
(G) (e) The online VIRTUAL course is of insufficient quality or rigor. A PRIMARY
district that denies a pupil enrollment REQUEST for this reason shall make a
reasonable effort to assist the pupil to find an
alternative course ENROLL THE PUPIL
IN A VIRTUAL COURSE in the same or a similar subject that THE PRIMARY DISTRICT
DETERMINES is of acceptable rigor and quality.
(H) (f) The cost of the online VIRTUAL course exceeds the amount identified in
subsection (10)(9), unless the pupil's parent or
legal guardian agrees PUPIL, PARENT,
OR LEGAL GUARDIAN AGREE to pay the cost that exceeds this amount.
(I)
(g) The online course enrollment
request does not occur within the same
timelines established by the primary district for
enrollment and schedule changes for
regular courses. THE REQUEST FOR A
VIRTUAL COURSE ENROLLMENT WAS NOT MADE IN THE
ACADEMIC TERM, SEMESTER, TRIMESTER, OR SUMMER PRECEDING THE ENROLLMENT. THIS
SUBDIVISION DOES NOT APPLY TO THE REQUEST OF A PUPIL WHO IS NEWLY ENROLLED IN THE
PRIMARY DISTRICT.
(6) If a pupil is denied enrollment in an online
A VIRTUAL course by the pupil's
primary district, the PRIMARY DISTRICT SHALL PROVIDE WRITTEN NOTIFICATION TO THE PUPIL
OF THE DENIAL, THE REASON OR REASONS FOR THE DENIAL PURSUANT TO SUBSECTION (5), AND A
DESCRIPTION OF THE APPEAL PROCESS. THE pupil may appeal the denial by submitting a
letter to the superintendent of the intermediate district in which the pupil's primary
district is located. The letter of appeal shall include the reason provided by the
primary district for not enrolling the pupil and the reason why the pupil is claiming
that the enrollment should be approved. The intermediate district superintendent or
designee shall respond to the appeal within 5 days after it is received. If the
intermediate district superintendent or designee determines that the denial of
enrollment does not meet 1 or more of the reasons specified in subsection (5), the
primary district shall allow ENROLL the pupil to enroll in the online VIRTUAL course.
(7) To provide an online A VIRTUAL course TO AN ELIGIBLE
PUPIL under this
section, the providing district or intermediate district
A PROVIDER shall do all of
the following:
(a) Provide the Michigan Virtual University with
the course syllabus in a form
and method prescribed by the Michigan Virtual University
for inclusion in a statewide
online course catalog. The district or intermediate
district shall also provide on its
publicly accessible website a link to the course syllabi
for all of the online courses
offered by the district or intermediate district and a link
to the statewide catalog
of online courses maintained by the Michigan Virtual
University. ENSURE THAT THE
VIRTUAL COURSE HAS BEEN PUBLISHED IN THE PUPIL’S PRIMARY DISTRICT’S CATALOG OF BOARD-
APPROVED COURSES OR PUBLISHED IN THE STATEWIDE CATALOG OF ONLINE COURSES MAINTAINED BY
THE MICHIGAN VIRTUAL UNIVERSITY.
(b) Assign to each pupil a teacher of record and provide the primary district
with the personal PERSONNEL identification
code ASSIGNED BY THE CENTER for the teacher
of record. IF THE PROVIDER IS A COMMUNITY COLLEGE, THE VIRTUAL COURSE MUST BE TAUGHT
BY AN INSTRUCTOR EMPLOYED BY OR CONTRACTED THROUGH THE PROVIDING COMMUNITY COLLEGE.
(c) Offer the online VIRTUAL course on an open entry and exit method, or aligned
to a semester, trimester, or accelerated academic term format.
(D) IF THE VIRTUAL COURSE IS OFFERED TO ELIGIBLE PUPILS IN MORE THAN ONE
DISTRICT, THE FOLLOWING ADDITIONAL REQUIREMENTS MUST ALSO BE MET:
(I) PROVIDE THE MICHIGAN VIRTUAL UNIVERSITY WITH A COURSE SYLLABUS THAT MEETS THE
REQUIREMENTS UNDER SUBSECTION (13)(F) IN A FORM AND MANNER PRESCRIBED BY THE MICHIGAN
VIRTUAL UNIVERSITY FOR INCLUSION IN A STATEWIDE CATALOG OF VIRTUAL COURSES.
(II)
(d) Not later than October 1, 2015
2016 AND BY OCTOBER 1 OF EACH YEAR
THEREAFTER, provide the Michigan Virtual
University with the number of enrollments
AGGREGATED
COUNT OF ENROLLMENTS FOR in each online
VIRTUAL course the district or
intermediate district provided PROVIDER DELIVERED
to pupils pursuant to
this section
in
DURING the immediately preceding school year, and the number of
enrollments in
which the pupil earned 60% or more of the total course
points for each online VIRTUAL
course.
(8) To provide an online course under this
section, a community college shall do
all of the following:
(a) Provide the Michigan Virtual University with
the course syllabus in a form
and method prescribed by the Michigan Virtual University
for inclusion in a statewide
online course catalog.
(b) Offer the online course on an open entry and
exit method, or aligned to a
semester, trimester, or accelerated academic term format.
(c) Ensure that each online course it provides
under this section generates
postsecondary credit.
(d) Beginning with October 1, 2016, and by
October 1 of each year thereafter,
provide the Michigan Virtual University with the number of
enrollments in each online
course the community college provided to pupils pursuant to
this section in the
immediately preceding school year, and the number of
enrollments in which the pupil
earned 60% or more of the total course points for each
online course.
(e) Be taught by an instructor employed by or
contracted through the community
college.
(8)
(9) For any online VIRTUAL course a pupil enrolls in under this section, the
pupil's primary district must assign to the pupil a mentor to
monitor the pupil's
progress during the online course and shall supply the providing
district PROVIDER
with the mentor's contact information.
(9)
(10) For a pupil enrolled in 1 or more online
VIRTUAL courses published in
the pupil's primary district's catalog of online courses
under subsection (7) or in
the statewide catalog of online courses maintained by the
Michigan Virtual University,
the primary district shall use foundation allowance or per-pupil funds calculated
under section 20 to pay for the expenses associated with
the online VIRTUAL course or
courses. A PRIMARY district is not required to pay
toward the cost of an online A
VIRTUAL course an amount that exceeds 6.67% of the minimum foundation allowance for
the current fiscal year as calculated under section 20.
(10)
(11) An online A
VIRTUAL learning pupil
shall have the same rights and
access to technology in his or her primary district's school facilities as all other
pupils enrolled in the pupil's primary district. THE DEPARTMENT SHALL ESTABLISH
STANDARDS FOR HARDWARE, SOFTWARE AND INTERNET ACCESS FOR PUPILS ENROLLED IN MORE THAN
2 VIRTUAL COURSES IN AN ACADEMIC TERM, SEMESTER, OR TRIMESTER TAKEN AT A LOCATION
OTHER THAN A SCHOOL FACILITY. THE PRIMARY DISTRICT SHALL BE RESPONSIBLE FOR PROVIDING
THE PUPIL WITH THE APPROPRIATE HARDWARE, SOFTWARE AND INTERNET ACCESS WITHOUT CHARGE
TO THE PUPIL AND IN ADDITION TO ANY COSTS INCURRED UNDER SUBSECTION (9).
(11)
(12) If a pupil successfully completes an
online A VIRTUAL course, as
determined by the pupil's primary district, the pupil's primary district shall grant
appropriate academic credit for completion of the course and shall count that credit
toward completion of graduation and subject area requirements. A pupil's school record
and transcript shall identify the online VIRTUAL course title as it appears in the
online VIRTUAL course syllabus.
(12)
(13) The enrollment of a pupil in 1 or
more online VIRTUAL courses shall not
result in a pupil being counted as more than 1.0 full-time
equivalent pupils PUPIL
under this article. THE DEPARTMENT SHALL ESTABLISH THE MINIMUM REQUIREMENTS TO COUNT
THE PUPIL IN PUPIL MEMBERSHIP.
(14) The portion of the full-time equated pupil
membership for which a pupil is
enrolled in 1 or more online courses under this section
shall not be transferred under
the pupil transfer process under section 25e.
(13)
(15) As used in this section:
(A) "INSTRUCTOR" AS USED IN THIS SECTION MEANS A PERSON WHO IS EMPLOYED BY OR
CONTRACTED THROUGH A COMMUNITY COLLEGE.
(B)
(a) "Mentor" means a
professional employee of the primary district who
monitors the pupil's progress, ensures the pupil has access to needed technology, is
available for assistance, and ensures access to the teacher of record. A mentor may
also serve as the teacher of record if THE PRIMARY DISTRICT IS THE PROVIDER FOR THE
VIRTUAL
COURSE AND the mentor
meets the requirements under subdivision (g)(D).
(b) "Online course" means a course of
study that is capable of generating a
credit or a grade, that is provided in an interactive
Internet-connected learning
environment, in which pupils are separated from their
teachers by time or location, or
both, and, if the course is provided by a district or
intermediate district, in which
a teacher who holds a valid Michigan teaching certificate
that qualifies the teacher
to teach the course is responsible for providing
instruction, determining appropriate
instructional methods for each pupil, diagnosing learning
needs, assessing pupil
learning, prescribing intervention strategies, reporting
outcomes, and evaluating the
effects of instruction and support strategies.
(c) "Online course syllabus" means a
document that includes all of the following:
(i) The state academic standards addressed
in an online course.
(ii) The online course content outline.
(iii) The online course required
assessments.
(iv) The online course prerequisites.
(v) Expectations for actual instructor
contact time with the online learning
pupil and other pupil-to-instructor communications.
(vi) Academic support available to the
online learning pupil.
(vii) The online course learning outcomes
and objectives.
(viii) The name of the institution or
organization providing the online content.
(ix) The name of the institution or
organization providing the online instructor.
(x) The course titles assigned by the
district or intermediate district and the
course titles and course codes from the National Center for
Education Statistics
(NCES) school codes for the exchange of data (SCED).
(xi) The number of eligible nonresident
pupils that will be accepted by the
district or intermediate district in the online course.
(xii) The results of the online course
quality review using the guidelines and
model review process published by the Michigan Virtual
University.
(d) "Online learning pupil" means a
pupil enrolled in 1 or more online courses.
(C)
(e) "Primary district" means
the district that enrolls the pupil and reports
the pupil as a full-time equated pupil for pupil
membership purposes.
(D)
(f) "Providing
district"
"PROVIDER" means the district, intermediate
district, MICHIGAN VIRTUAL UNIVERSITY, or community college that the primary district
pays to provide the online VIRTUAL course.
(E)
(g) "Teacher of record" means
a teacher who MEETS ALL OF THE FOLLOWING
REQUIREMENTS:
holds a valid
Michigan teaching certificate; who, if applicable, is
endorsed in the subject area and grade of the online
course; and is responsible for
providing instruction, determining instructional methods
for each pupil, diagnosing
learning needs, assessing pupil learning, prescribing
intervention strategies,
reporting outcomes, and evaluating the effects of
instruction and support strategies.
(I) HOLDS A VALID MICHIGAN TEACHING CERTIFICATE OR A TEACHING PERMIT RECOGNIZED
BY THE DEPARTMENT.
(II) IF APPLICABLE, IS ENDORSED IN THE SUBJECT AREA AND GRADE OF THE VIRTUAL
COURSE.
(III) IS RESPONSIBLE FOR PROVIDING INSTRUCTION, DETERMINING INSTRUCTIONAL METHODS
FOR EACH PUPIL, DIAGNOSING LEARNING NEEDS, ASSESSING PUPIL LEARNING, PRESCRIBING
INTERVENTION STRATEGIES AND MODIFYING LESSONS, REPORTING OUTCOMES, AND EVALUATING THE
EFFECTS OF INSTRUCTION AND SUPPORT STRATEGIES.
(IV) HAS A PERSONNEL IDENTIFICATION CODE PROVIDED BY THE CENTER.
(V) IF THE PROVIDER IS A COMMUNITY COLLEGE, THE VIRTUAL COURSE MUST BE TAUGHT BY
AN INSTRUCTOR EMPLOYED BY OR CONTRACTED THROUGH THE PROVIDING COMMUNITY COLLEGE.
(F) "VIRTUAL COURSE" MEANS A COURSE OF STUDY THAT IS CAPABLE OF GENERATING A
CREDIT OR A GRADE, THAT IS PROVIDED IN AN INTERACTIVE LEARNING ENVIRONMENT WHERE THE
MAJORITY OF THE CURRICULUM IS DELIVERED USING THE INTERNET AND IN WHICH PUPILS MAY BE
SEPARATED FROM THEIR INSTRUCTOR OR TEACHER OF RECORD BY TIME OR LOCATION, OR BOTH.
(G) "VIRTUAL COURSE SYLLABUS" MEANS A DOCUMENT THAT INCLUDES ALL OF THE
FOLLOWING:
(I) AN ALIGNMENT DOCUMENT DETAILING HOW THE COURSE MEETS APPLICABLE STATE
STANDARDS OR, IF THE STATE DOES NOT HAVE STANDARDS, NATIONALLY RECOGNIZED STANDARDS.
(II) THE VIRTUAL COURSE CONTENT OUTLINE.
(III) THE VIRTUAL COURSE REQUIRED ASSESSMENTS.
(IV) THE VIRTUAL COURSE PREREQUISITES.
(V) EXPECTATIONS FOR ACTUAL INSTRUCTOR OR TEACHER OF RECORD CONTACT TIME WITH THE
VIRTUAL LEARNING PUPIL AND OTHER PUPIL-TO-INSTRUCTOR OR TEACHER OF RECORD
COMMUNICATIONS.
(VI) ACADEMIC SUPPORT AVAILABLE TO THE VIRTUAL LEARNING PUPIL.
(VII) THE VIRTUAL COURSE LEARNING OUTCOMES AND OBJECTIVES.
(VIII) THE NAME OF THE INSTITUTION OR ORGANIZATION PROVIDING THE VIRTUAL CONTENT.
(IX) THE NAME OF THE INSTITUTION OR ORGANIZATION PROVIDING THE VIRTUAL INSTRUCTOR
OR TEACHER OF RECORD.
(X) THE COURSE TITLES ASSIGNED BY THE PROVIDER AND THE COURSE TITLES AND COURSE
CODES FROM THE NATIONAL CENTER FOR EDUCATION STATISTICS (NCES) SCHOOL CODES FOR THE
EXCHANGE OF DATA (SCED).
(XI) THE NUMBER OF ELIGIBLE PUPILS THAT WILL BE ACCEPTED BY THE PROVIDER IN THE
VIRTUAL COURSE. PRIMARY DISTRICTS THAT ARE ALSO THE PROVIDER MAY LIMIT THE NUMBER OF
ELIGIBLE PUPILS TO THOSE PUPILS ENROLLED IN THE PRIMARY DISTRICT.
(XII) THE RESULTS OF THE VIRTUAL COURSE QUALITY REVIEW USING THE GUIDELINES AND
MODEL REVIEW PROCESS PUBLISHED BY THE MICHIGAN VIRTUAL UNIVERSITY.
(H) "VIRTUAL LEARNING PUPIL" MEANS A PUPIL ENROLLED IN 1 OR MORE VIRTUAL COURSES.
THE CONSENT OF THE PUPIL’S PARENT OR LEGAL GUARDIAN TO ENROLL IN A VIRTUAL COURSE IS
REQUIRED IF THE PUPIL IS LESS THAN AGE 18, BUT IS NOT REQUIRED IF THE PUPIL IS AT
LEAST AGE 18 OR IS AN EMANCIPATED MINOR.
Sec. 22a. (1) From the appropriation in section 11, there is allocated an amount
not to exceed $5,377,000,000.00 for 2014-2015 and an
amount not to exceed
$5,281,700,000.00 $5,206,000,000.00 for 2015-2016 2016-2017 for payments to districts
and qualifying public school academies to guarantee each district and qualifying
public school academy an amount equal to its 1994-95 total state and local per pupil
revenue for school operating purposes under section 11 of article IX of the state
constitution of 1963. Pursuant to section 11 of article IX of the state constitution
of 1963, this guarantee does not apply to a district in a year in which the district
levies a millage rate for school district operating purposes less than it levied in
1994. However, subsection (2) applies to calculating the payments under this section.
Funds allocated under this section that are not expended in the state fiscal year for
which they were allocated, as determined by the department, may be used to supplement
the allocations under sections 22b and 51c in order to fully fund those calculated
allocations for the same fiscal year.
(2) To ensure that a district receives an amount equal to the district's 1994-95
total state and local per pupil revenue for school operating purposes, there is
allocated to each district a state portion of the district's 1994-95 foundation
allowance in an amount calculated as follows:
(a) Except as otherwise provided in this subsection, the state portion of a
district's 1994-95 foundation allowance is an amount equal to the district's 1994-95
foundation allowance or $6,500.00, whichever is less, minus the difference between the
sum of the product of the taxable value per membership pupil of all property in the
district that is nonexempt property times the district's certified mills and, for a
district with certified mills exceeding 12, the product of the taxable value per
membership pupil of property in the district that is commercial personal property
times the certified mills minus 12 mills and the quotient of the ad valorem property
tax revenue of the district captured under tax increment financing acts divided by the
district's membership. For a district that has a millage reduction required under
section 31 of article IX of the state constitution of 1963, the state portion of the
district's foundation allowance shall be calculated as if that reduction did not
occur. For a receiving district, if school operating taxes are to be levied on behalf
of a dissolved district that has been attached in whole or in part to the receiving
district to satisfy debt obligations of the dissolved district under section 12 of the
revised school code, MCL 380.12, taxable value per membership pupil of all property in
the receiving district that is nonexempt property and taxable value per membership
pupil of property in the receiving district that is commercial personal property do
not include property within the geographic area of the dissolved district; ad valorem
property tax revenue of the receiving district captured under tax increment financing
acts does not include ad valorem property tax revenue captured within the geographic
boundaries of the dissolved district under tax increment financing acts; and certified
mills do not include the certified mills of the dissolved district.
(b) For a district that had a 1994-95 foundation allowance greater than
$6,500.00, the state payment under this subsection shall be the sum of the amount
calculated under subdivision (a) plus the amount calculated under this subdivision.
The amount calculated under this subdivision shall be equal to the difference between
the district's 1994-95 foundation allowance minus $6,500.00 and the current year hold
harmless school operating taxes per pupil. If the result of the calculation under
subdivision (a) is negative, the negative amount shall be an offset against any state
payment calculated under this subdivision. If the result of a calculation under this
subdivision is negative, there shall not be a state payment or a deduction under this
subdivision. The taxable values per membership pupil used in the calculations under
this subdivision are as adjusted by ad valorem property tax revenue captured under tax
increment financing acts divided by the district's membership. For a receiving
district, if school operating taxes are to be levied on behalf of a dissolved district
that has been attached in whole or in part to the receiving district to satisfy debt
obligations of the dissolved district under section 12 of the revised school code, MCL
380.12, ad valorem property tax revenue captured under tax increment financing acts do
not include ad valorem property tax revenue captured within the geographic boundaries
of the dissolved district under tax increment financing acts.
(3) Beginning in 2003-2004, for pupils in membership in a qualifying public
school academy, there is allocated under this section to the authorizing body that is
the fiscal agent for the qualifying public school academy for forwarding to the
qualifying public school academy an amount equal to the 1994-95 per pupil payment to
the qualifying public school academy under section 20.
(4) A district or qualifying public school academy may use funds allocated under
this section in conjunction with any federal funds for which the district or
qualifying public school academy otherwise would be eligible.
(5) Except as otherwise provided in this subsection, for a district that is
formed or reconfigured after June 1, 2000 by consolidation of 2 or more districts or
by annexation, the resulting district's 1994-95 foundation allowance under this
section beginning after the effective date of the consolidation or annexation shall be
the average of the 1994-95 foundation allowances of each of the original or affected
districts, calculated as provided in this section, weighted as to the percentage of
pupils in total membership in the resulting district in the state fiscal year in which
the consolidation takes place who reside in the geographic area of each of the
original districts. If an affected district's 1994-95 foundation allowance is less
than the 1994-95 basic foundation allowance, the amount of that district's 1994-95
foundation allowance shall be considered for the purpose of calculations under this
subsection to be equal to the amount of the 1994-95 basic foundation allowance. This
subsection does not apply to a receiving district unless there is a subsequent
consolidation or annexation that affects the district.
(6) Payments under this section are subject to section 25f.
(7) As used in this section:
(a) "1994-95 foundation allowance" means a district's 1994-95 foundation
allowance calculated and certified by the department of treasury or the superintendent
under former section 20a as enacted in 1993 PA 336 and as amended by 1994 PA 283.
(b) "Certified mills" means the lesser of 18 mills or the number of mills of
school operating taxes levied by the district in 1993-94.
(c) "Current state fiscal year" means the state fiscal year for which a
particular calculation is made.
(d) "Current year hold harmless school operating taxes per pupil" means the per
pupil revenue generated by multiplying a district's 1994-95 hold harmless millage by
the district's current year taxable value per membership pupil. For a receiving
district, if school operating taxes are to be levied on behalf of a dissolved district
that has been attached in whole or in part to the receiving district to satisfy debt
obligations of the dissolved district under section 12 of the revised school code, MCL
380.12, taxable value per membership pupil does not include the taxable value of
property within the geographic area of the dissolved district.
(e) "Dissolved district" means a district that loses its organization, has its
territory attached to 1 or more other districts, and is dissolved as provided under
section 12 of the revised school code, MCL 380.12.
(f) "Hold harmless millage" means, for a district with a 1994-95 foundation
allowance greater than $6,500.00, the number of mills by which the exemption from the
levy of school operating taxes on a homestead, qualified agricultural property,
qualified forest property, supportive housing property, industrial personal property,
commercial personal property, and property occupied by a public school academy could
be reduced as provided in section 1211 of the revised school code, MCL 380.1211, and
the number of mills of school operating taxes that could be levied on all property as
provided in section 1211(2) of the revised school code, MCL 380.1211, as certified by
the department of treasury for the 1994 tax year. For a receiving district, if school
operating taxes are to be levied on behalf of a dissolved district that has been
attached in whole or in part to the receiving district to satisfy debt obligations of
the dissolved district under section 12 of the revised school code, MCL 380.12, school
operating taxes do not include school operating taxes levied within the geographic
area of the dissolved district.
(g) "Homestead", "qualified agricultural property", "qualified forest property",
"supportive housing property", "industrial personal property", and "commercial
personal property" mean those terms as defined in section 1211 of the revised school
code, MCL 380.1211.
(h) "Membership" means the definition of that term under section 6 as in effect
for the particular fiscal year for which a particular calculation is made.
(i) "Nonexempt property" means property that is not a principal residence,
qualified agricultural property, qualified forest property, supportive housing
property, industrial personal property, commercial personal property, or property
occupied by a public school academy.
(j) "Qualifying public school academy" means a public school academy that was in
operation in the 1994-95 school year and is in operation in the current state fiscal
year.
(k) "Receiving district" means a district to which all or part of the territory
of a dissolved district is attached under section 12 of the revised school code, MCL
380.12.
(l) "School operating taxes" means local ad valorem property taxes levied under
section 1211 of the revised school code, MCL 380.1211, and retained for school
operating purposes as defined in section 20.
(m) "Tax increment financing acts" means 1975 PA 197, MCL 125.1651 to 125.1681,
the tax increment finance authority act, 1980 PA 450, MCL 125.1801 to 125.1830, the
local development financing act, 1986 PA 281, MCL 125.2151 to 125.2174, the brownfield
redevelopment financing act, 1996 PA 381, MCL 125.2651 to 125.2672, or the corridor
improvement authority act, 2005 PA 280, MCL 125.2871 to 125.2899.
(n) "Taxable value per membership pupil" means each of the following divided by
the district's membership:
(i) For the number of mills by which the exemption from the levy of school
operating taxes on a homestead, qualified agricultural property, qualified forest
property, supportive housing property, industrial personal property, commercial
personal property, and property occupied by a public school academy may be reduced as
provided in section 1211 of the revised school code, MCL 380.1211, the taxable value
of homestead, qualified agricultural property, qualified forest property, supportive
housing property, industrial personal property, commercial personal property, and
property occupied by a public school academy for the calendar year ending in the
current state fiscal year. For a receiving district, if school operating taxes are to
be levied on behalf of a dissolved district that has been attached in whole or in part
to the receiving district to satisfy debt obligations of the dissolved district under
section 12 of the revised school code, MCL 380.12, mills do not include mills within
the geographic area of the dissolved district.
(ii) For the number of mills of school operating taxes that may be levied on all
property as provided in section 1211(2) of the revised school code, MCL 380.1211, the
taxable value of all property for the calendar year ending in the current state fiscal
year. For a receiving district, if school operating taxes are to be levied on behalf
of a dissolved district that has been attached in whole or in part to the receiving
district to satisfy debt obligations of the dissolved district under section 12 of the
revised school code, MCL 380.12, school operating taxes do not include school
operating taxes levied within the geographic area of the dissolved district.
Sec. 22b. (1) From the SCHOOL AID FUND appropriation in section 11, there is
allocated an amount not to exceed $3,440,000,000.00 for
2014-2015 and an amount not to
exceed $3,728,000,000.00 $3,828,000,000.00
for 2015-2016 2016-2017, AND FROM THE
DETROIT PUBLIC SCHOOLS TRUST FUND APPROPRIATION IN SECTION 11, THERE IS ALLOCATED AN
AMOUNT NOT TO EXCEED $72,000,000.00 FOR 2016-2017 for discretionary nonmandated
payments to districts under this section. Funds allocated under this section that are
not expended in the state fiscal year for which they were allocated, as determined by
the department, may be used to supplement the allocations under sections 22a and 51c
in order to fully fund those calculated allocations for the same fiscal year.
(2) Subject to subsection (3) and section 296, the allocation to a district under
this section shall be an amount equal to the sum of the amounts calculated under
sections 20, 20J, 51a(2), 51a(3), and 51a(11), minus the sum of the allocations to the
district under sections 22a and 51c.
(3) In order to receive an allocation under subsection (1), each district shall
do all of the following:
(a) Comply with section 1280b of the revised school code, MCL 380.1280b.
(b) Comply with sections 1278a and 1278b of the revised school code, MCL
380.1278a and 380.1278b.
(c) Furnish data and other information required by state and federal law to the
center and the department in the form and manner specified by the center or the
department, as applicable.
(d) Comply with section 1230g of the revised school code, MCL 380.1230g.
(e) Comply with section 21f.
(4) Districts are encouraged to use funds allocated under this section for the
purchase and support of payroll, human resources, and other business function software
that is compatible with that of the intermediate district in which the district is
located and with other districts located within that intermediate district.
(5) From the allocation in subsection (1), the department shall pay up to
$1,000,000.00 in litigation costs incurred by this state related to commercial or
industrial property tax appeals, including, but not limited to, appeals of
classification, that impact revenues dedicated to the state school aid fund.
(6) From the allocation in subsection (1), the department shall pay up to
$1,000,000.00 in litigation costs incurred by this state associated with lawsuits
filed by 1 or more districts or intermediate districts against this state. If the
allocation under this section is insufficient to fully fund all payments required
under this section, the payments under this subsection shall be made in full before
any proration of remaining payments under this section.
(7) It is the intent of the legislature that all constitutional obligations of
this state have been fully funded under sections 22a, 31d, 51a, 51c, and 152a. If a
claim is made by an entity receiving funds under this article that challenges the
legislative determination of the adequacy of this funding or alleges that there exists
an unfunded constitutional requirement, the state budget director may escrow or
allocate from the discretionary funds for nonmandated payments under this section the
amount as may be necessary to satisfy the claim before making any payments to
districts under subsection (2). If funds are escrowed, the escrowed funds are a work
project appropriation and the funds are carried forward into the following fiscal
year. The purpose of the work project is to provide for any payments that may be
awarded to districts as a result of litigation. The work project shall be completed
upon resolution of the litigation.
(8) If the local claims review board or a court of competent jurisdiction makes a
final determination that this state is in violation of section 29 of article IX of the
state constitution of 1963 regarding state payments to districts, the state budget
director shall use work project funds under subsection (7) or allocate from the
discretionary funds for nonmandated payments under this section the amount as may be
necessary to satisfy the amount owed to districts before making any payments to
districts under subsection (2).
(9) If a claim is made in court that challenges the legislative determination of
the adequacy of funding for this state's constitutional obligations or alleges that
there exists an unfunded constitutional requirement, any interested party may seek an
expedited review of the claim by the local claims review board. If the claim exceeds
$10,000,000.00, this state may remove the action to the court of appeals, and the
court of appeals shall have and shall exercise jurisdiction over the claim.
(10) If payments resulting from a final determination by the local claims review
board or a court of competent jurisdiction that there has been a violation of section
29 of article IX of the state constitution of 1963 exceed the amount allocated for
discretionary nonmandated payments under this section, the legislature shall provide
for adequate funding for this state's constitutional obligations at its next
legislative session.
(11) If a lawsuit challenging payments made to districts related to costs
reimbursed by federal title XIX Medicaid funds is filed against this state, then, for
the purpose of addressing potential liability under such a lawsuit, the state budget
director may place funds allocated under this section in escrow or allocate money from
the funds otherwise allocated under this section, up to a maximum of 50% of the amount
allocated in subsection (1). If funds are placed in escrow under this subsection,
those funds are a work project appropriation and the funds are carried forward into
the following fiscal year. The purpose of the work project is to provide for any
payments that may be awarded to districts as a result of the litigation. The work
project shall be completed upon resolution of the litigation. In addition, this state
reserves the right to terminate future federal title XIX Medicaid reimbursement
payments to districts if the amount or allocation of reimbursed funds is challenged in
the lawsuit. As used in this subsection, "title XIX" means title XIX of the social
security act, 42 USC 1396 to 1396v.
(12) Payments under this section are subject to
section 25g.
Sec. 22d. (1) From the appropriation in section 11, an amount not to exceed
$5,000,000.00 is allocated for 2015-2016 2016-2017 for supplemental payments to rural
districts under this section.
(2) From the allocation under subsection (1), there
is allocated for 2015-2016
2016-2017 an amount not to exceed $957,300.00 for payments under this subsection to
districts that meet all of the following:
(a) Operates grades K to 12.
(b) Has fewer than 250 pupils in membership.
(c) Each school building operated by the district meets at least 1 of the
following:
(i) Is located in the Upper Peninsula at least 30 miles from any other public
school building.
(ii) Is located on an island that is not accessible by bridge.
(3) The amount of the additional funding to each eligible district under
subsection (2) shall be determined under a spending plan developed as provided in this
subsection and approved by the superintendent of public instruction. The spending plan
shall be developed cooperatively by the intermediate superintendents of each
intermediate district in which an eligible district is located. The intermediate
superintendents shall review the financial situation of each eligible district,
determine the minimum essential financial needs of each eligible district, and develop
and agree on a spending plan that distributes the available funding under subsection
(2) to the eligible districts based on those financial needs. The intermediate
superintendents shall submit the spending plan to the superintendent of public
instruction for approval. Upon approval by the superintendent of public instruction,
the amounts specified for each eligible district under the spending plan are allocated
under subsection (2) and shall be paid to the eligible districts in the same manner as
payments under section 22b.
(4) Subject to subsection (6), from the allocation in subsection (1), there is
allocated for 2015-2016 2016-2017 an amount not to exceed $4,042,700.00 for payments
under this subsection to districts that have 7.3 or fewer pupils per square mile as
determined by the department.
(5) The funds allocated under subsection (4) shall be allocated on an equal per-
pupil basis.
(6) A district receiving funds allocated under subsection (2) is not eligible for
funding allocated under subsection (4).
Sec. 22g. (1) From the funds appropriated in section 11, there is allocated for
2015-2016 2016-2017 only an amount not to exceed
$5,000,000.00 for competitive
assistance grants to districts and intermediate districts.
(2) Funds received under this section may be used for reimbursement of transition
costs associated with the DISSOLUTION, consolidation or annexation of districts or
intermediate districts. Grant funding shall be available for DISSOLUTIONS,
consolidations or annexations that occur on or after June
1, 2015 2016. Districts may
spend funds allocated under this section over 3 fiscal years.
Sec. 23a. (1) A dropout recovery program operated by a district qualifies for the
special membership counting provisions of section 6(4)(dd) and the hours and day of
pupil instruction exemption under section 101(12) if the dropout recovery program
meets all of the following:
(a) Enrolls only eligible pupils.
(b) Provides an advocate. An advocate may serve in that role for more than 1
pupil but no more than 50 pupils. An advocate may be employed by the district or may
be provided by an education management organization that is partnering with the
district. Before an individual is assigned to be an advocate for a pupil in the
dropout recovery program, the district shall comply with sections 1230 and 1230a of
the revised school code, MCL 380.1230 and 380.1230a, with respect to that individual.
(c) Develops a written learning plan.
(d) Monitors the pupil's progress against the written learning plan.
(e) Requires each pupil to make satisfactory monthly progress, as defined by the
district under subsection (2).
(f) Reports the pupil's progress results to the partner district at least
monthly.
(g) The program may be operated on or off a district school campus, but may be
operated using distance learning online only if the program provides a computer and
Internet access for each eligible pupil participating in the program.
(h) Is operated throughout the entire calendar year.
(i) If the district partners with an education management organization for the
program, the education management organization has a dropout recovery program
partnership relationship with at least 1 other district.
(2) A district operating a dropout recovery program under this section shall
adopt a definition of satisfactory monthly progress that is consistent with the
definition of that term under subsection (3).
(3) As used in this section:
(a) "Advocate" means an adult available to meet in person with assigned pupils,
as needed, to conduct social interventions, to proctor final examinations, and to
provide academic and social support to pupils enrolled in the district's dropout
recovery program.
(b) "Education management organization" means a private provider that operates 1
or more other dropout recovery programs that meet the requirements of this section in
partnership with 1 or more districts.
(c) "Eligible pupil" means a pupil who has been expelled from school under the
mandatory expulsion provisions in section 1311 or 1311a of the revised school code,
MCL 380.1311 and 380.1311a, a pupil who has been suspended or expelled from school
under a local policy, a pupil who is referred by a court, a pupil who is pregnant or
is a parent, a pupil who was previously a dropout, or a pupil who is determined by the
district to be at risk of dropping out.
(d) "Satisfactory monthly progress" means an amount of progress that is
measurable on a monthly basis and that, if continued for a full 12 months, would
result in the same amount of academic credit being awarded to the pupil as would be
awarded to a general education pupil completing a full school year. Satisfactory
monthly progress may include a lesser required amount of progress for the first 2
months a pupil participates in the program.
(E) FOR PURPOSES OF THIS SECTION, "TEACHER OF RECORD" MEANS A TEACHER WHO HOLDS A
VALID MICHIGAN TEACHING CERTIFICATE; WHO, IF APPLICABLE, IS ENDORSED IN THE SUBJECT
AREA AND GRADE OF THE COURSE; AND IS RESPONSIBLE FOR PROVIDING INSTRUCTION,
DETERMINING INSTRUCTIONAL METHODS FOR EACH PUPIL, DIAGNOSING LEARNING NEEDS, ASSESSING
PUPIL LEARNING, PRESCRIBING INTERVENTION STRATEGIES, REPORTING OUTCOMES, AND
EVALUATING THE EFFECTS OF INSTRUCTION AND SUPPORT STRATEGIES.
(F)
(e) "Written learning plan"
means a written plan developed in conjunction
with the advocate that includes the plan start and end dates, courses to be taken,
credit to be earned for each course, teacher of record for each course, and advocate
name and contact information.
Sec. 24. (1) From the appropriation
in section 11, there is allocated for 2015-
2016 2016-2017 an amount not to exceed
$8,000,000.00 for payments to the educating
district or intermediate district for educating pupils assigned by a court or the
department of health and human services to reside in or to attend a juvenile detention
facility or child caring institution licensed by the department of health and human
services and approved by the department to provide an on-grounds education program.
The amount of the payment under this section to a district or intermediate district
shall be calculated as prescribed under subsection (2).
(2) The total amount allocated under this section shall be allocated by paying to
the educating district or intermediate district an amount equal to the lesser of the
district's or intermediate district's added cost or the department's approved per-
pupil allocation for the district or intermediate district. For the purposes of this
subsection:
(a) "Added cost" means 100% of the added cost each fiscal year for educating all
pupils assigned by a court or the department of health and human services to reside in
or to attend a juvenile detention facility or child caring institution licensed by the
department of health and human services or the department of licensing and regulatory
affairs and approved by the department to provide an on-grounds education program.
Added cost shall be computed by deducting all other revenue received under this
article for pupils described in this section from total costs, as approved by the
department, in whole or in part, for educating those pupils in the on-grounds
education program or in a program approved by the department that is located on
property adjacent to a juvenile detention facility or child caring institution. Costs
reimbursed by federal funds are not included.
(b) "Department's approved per-pupil allocation" for a district or intermediate
district shall be determined by dividing the total amount allocated under this section
for a fiscal year by the full-time equated membership total for all pupils approved by
the department to be funded under this section for that fiscal year for the district
or intermediate district.
(3) A district or intermediate district educating pupils described in this
section at a residential child caring institution may operate, and receive funding
under this section for, a department-approved on-grounds educational program for those
pupils that is longer than 181 days, but not longer than 233 days, if the child caring
institution was licensed as a child caring institution and offered in 1991-92 an on-
grounds educational program that was longer than 181 days but not longer than 233 days
and that was operated by a district or intermediate district.
(4) Special education pupils funded under section 53a shall not be funded under
this section.
Sec. 24a. From the appropriation in section 11, there is allocated an amount not
to exceed $2,189,800.00 $1,328,100.00 for 2015-2016 2016-2017 for payments to
intermediate districts for pupils who are placed in juvenile justice service
facilities operated by the department of health and human services. Each intermediate
district shall receive an amount equal to the state share of those costs that are
clearly and directly attributable to the educational programs for pupils placed in
facilities described in this section that are located within the intermediate
district's boundaries. The intermediate districts receiving payments under this
section shall cooperate with the department of health and human services to ensure
that all funding allocated under this section is utilized by the intermediate district
and department of health and human services for educational programs for pupils
described in this section. Pupils described in this section are not eligible to be
funded under section 24. However, a program responsibility or other fiscal
responsibility associated with these pupils shall not be transferred from the
department of health and human services to a district or intermediate district unless
the district or intermediate district consents to the transfer.
Sec. 24c. From the appropriation in section 11, there is allocated an amount not
to exceed $1,497,400.00 $1,522,400.00 for 2015-2016 2016-2017 for payments to
districts for pupils who are enrolled in a nationally administered community-based
education and youth mentoring program, known as the youth challenge program, that is
administered by the department of military and veterans affairs. Both of the following
apply to a district receiving payments under this section:
(a) The district shall contract with the department of military and veterans
affairs to ensure that all funding allocated under this section is utilized by the
district and the department of military and veterans affairs for the youth challenge
program.
(b) The district may retain for its administrative expenses an amount not to
exceed 3% of the amount of the payment the district receives under this section.
Sec. 25f. (1) From the state school aid fund money appropriated in section 11,
there is allocated an amount not to exceed $1,000,000.00
$250,000.00 for 2015-2016
2016-2017 for payments to strict discipline academies established under sections 1311b
to 1311m of the revised school code, MCL 380.1311b to 380.1311m, as provided under
this section.
(2) In order to receive funding under this
section, a strict discipline academy
shall first comply with section 25e and use the pupil
transfer process under that
section for changes in enrollment as prescribed under that
section.
(2)(3) The total amount allocated to a
strict discipline academy under this
section is an amount equal to the lesser of the strict discipline academy's added cost
or the department's approved per-pupil allocation for the strict discipline academy.
However, the sum of the amounts received by a strict discipline academy under this
section and under section 24 shall not exceed the product of the strict discipline
academy's per-pupil allocation calculated under section 20 multiplied by the strict
discipline academy's full-time equated membership. The department shall allocate funds
to strict discipline academies under this section on a monthly basis. For the purposes
of this subsection:
(a) "Added cost" means 100% of the added cost each fiscal year for educating all
pupils enrolled and in regular daily attendance at a strict discipline academy. Added
cost shall be computed by deducting all other revenue received under this article for
pupils described in this subsection from total costs, as approved by the department,
in whole or in part, for educating those pupils in a strict discipline academy. The
department shall include all costs including, but not limited to, educational costs,
insurance, management fees, technology costs, legal fees, auditing fees, interest,
pupil accounting costs, and any other administrative costs necessary to operate the
program or to comply with statutory requirements. Costs reimbursed by federal funds
are not included.
(b) "Department's approved per-pupil allocation" for a strict discipline academy
shall be determined by dividing the total amount allocated under this subsection for a
fiscal year by the full-time equated membership total for all pupils approved by the
department to be funded under this subsection for that fiscal year for the strict
discipline academy.
(3)(4) Special education pupils funded
under section 53a shall not be funded
under this section.
(4)(5) If the funds allocated under this
section are insufficient to fully fund
the adjustments under subsection (3), payments under this section shall be prorated on
an equal per-pupil basis.
(5)(6) Payments to districts under this
section shall be made according to the
payment schedule under section 17b.
Sec. 25g. (1) From the state school aid fund money appropriated in section 11,
there is allocated an amount not to exceed $1,000,000.00
$250,000.00 for 2015-2016
2016-2017 for the purposes of this section. If the operation of the special membership
counting provisions under section 6(4)(dd) and the other membership counting
provisions under section 6(4) result in a pupil being counted as more than 1.0 FTE in
a fiscal year, then the payment made for the pupil under sections 22a and 22b shall
not be based on more than 1.0 FTE for that pupil, and that portion of the FTE that
exceeds 1.0 shall be paid under this section in an amount equal to that portion
multiplied by the educating district's foundation allowance or per-pupil payment
calculated under section 20.
(2) Special education pupils funded under section 53a shall not be funded under
this section.
(3) If the funds allocated under this section are insufficient to fully fund the
adjustments under subsection (1), payments under this section shall be prorated on an
equal per-pupil basis.
(4) Payments to districts under this section shall be made according to the
payment schedule under section 17b.
Sec. 26a. From the funds appropriated in section 11, there is allocated an amount
not to exceed $26,300,000.00 $20,000,000.00 for 2015-2016 2016-2017 to reimburse
districts and intermediate districts pursuant to section 12 of the Michigan
renaissance zone act, 1996 PA 376, MCL 125.2692, for taxes
levied in 2015 2016. The
allocations shall be made not later than 60 days after the department of treasury
certifies to the department and to the state budget director that the department of
treasury has received all necessary information to properly determine the amounts due
to each eligible recipient.
Sec. 26b. (1) From the appropriation
in section 11, there is allocated for 2015-
2016 2016-2017 an amount not to exceed $4,276,800.00
$4,405,100.00 for payments to
districts, intermediate districts, and community college districts for the portion of
the payment in lieu of taxes obligation that is attributable to districts,
intermediate districts, and community college districts pursuant to section 2154 of
the natural resources and environmental protection act, 1994 PA 451, MCL 324.2154.
(2) If the amount appropriated under this section is not sufficient to fully pay
obligations under this section, payments shall be prorated on an equal basis among all
eligible districts, intermediate districts, and community college districts.
Sec. 26c. (1) From the appropriation in section 11, there is allocated an amount
not to exceed $610,000.00 $1,000,000.00 for 2015-2016 2016-2017 to the promise zone
fund created in subsection (3).
(2) Funds allocated to the promise zone fund under this section shall be used
solely for payments to eligible districts and intermediate districts that have a
promise zone development plan approved by the department of treasury under section 7
of the Michigan promise zone authority act, 2008 PA 549, MCL 390.1667.
(3) The promise zone fund is created as a separate account within the state
school aid fund to be used solely for the purposes of the Michigan promise zone
authority act, 2008 PA 549, MCL 390.1661 to 390.1679. All of the following apply to
the promise zone fund:
(a) The state treasurer shall direct the investment of the promise zone fund. The
state treasurer shall credit to the promise zone fund interest and earnings from fund
investments.
(b) Money in the promise zone fund at the close of a fiscal year shall remain in
the promise zone fund and shall not lapse to the general fund.
(4) Subject to subsection (2), the state treasurer may make payments from the
promise zone fund to eligible districts and intermediate districts pursuant to the
Michigan promise zone authority act, 2008 PA 549, MCL 390.1661 to 390.1679, to be used
for the purposes of a promise zone authority created under that act.
Sec. 31a. (1) From the state school aid fund money appropriated in section 11,
there is allocated for 2015-2016 2016-2017 an amount not to exceed $389,695,500.00 for
payments to eligible districts, eligible public school academies, and the education
achievement system for the purposes of ensuring that pupils are proficient in reading
by the end of grade 3 and that high school graduates are career and college ready and
for the purposes under subsections (7) and (8).
(2) For a district or public school academy, or the education achievement system,
to be eligible to receive funding under this section, other than funding under
subsection (7) or (8), the sum of the district's or public school academy's or the
education achievement system's combined state and local revenue per membership pupil
in the current state fiscal year, as calculated under section 20, PLUS THE AMOUNT OF
THE DISTRICT’S PER PUPIL ALLOCATION UNDER SECTION 20J(2), must be less than or equal
to the basic foundation allowance under section 20 for the current state fiscal year.
(3) For a district or public school academy that operates grades K to 3, or the
education achievement system, to be eligible to receive funding under this section,
other than funding under subsection (7) or (8), the district or public school academy,
or the education achievement system, must implement, for at least grades K to 3, a
multi-tiered system of supports that is an evidence-based model that uses data-driven
problem solving to integrate academic and behavioral instruction and that uses
intervention delivered to all pupils in varying intensities based on pupil needs. This
multi-tiered system of supports must provide at least all of the following essential
elements:
(a) Implements effective instruction for all learners.
(b) Intervenes early.
(c) Provides a multi-tiered model of instruction and intervention that provides
the following:
(i) A core curriculum and classroom interventions available to all pupils that
meet the needs of most pupils.
(ii) Targeted group interventions.
(iii) Intense individual interventions.
(d) Monitors pupil progress to inform instruction.
(e) Uses data to make instructional decisions.
(f) Uses assessments including universal screening, diagnostics, and progress
monitoring.
(g) Engages families and the community.
(h) Implements evidence-based, scientifically validated, instruction and
intervention.
(i) Implements instruction and intervention practices with fidelity.
(j) Uses a collaborative problem-solving model.
(4) Except as otherwise provided in this subsection, an eligible district or
eligible public school academy or the education achievement system shall receive under
this section for each membership pupil in the district or public school academy or the
education achievement system who met the income eligibility criteria for free
breakfast, lunch, or milk, as determined under the Richard B. Russell national school
lunch act, 42 USC 1751 to 1769, and as reported to the department in the form and
manner prescribed by the department not later than the fifth Wednesday after the pupil
membership count day of the immediately preceding fiscal year and adjusted not later
than December 31 of the immediately preceding fiscal year, an amount per pupil equal
to 11.5% of the sum of the district's foundation allowance or the public school
academy's or the education achievement system's per pupil amount calculated under
section 20, PLUS THE AMOUNT OF THE DISTRICT’S PER PUPIL ALLOCATION UNDER SECTION
20J(2), not to exceed the basic foundation allowance under section 20 for the current
state fiscal year, or of the public school academy's or the education achievement
system's per membership pupil amount calculated under section 20 for the current state
fiscal year. However, a public school academy that began operations as a public school
academy, or an achievement school that began operations as an achievement school,
after the pupil membership count day of the immediately preceding school year shall
receive under this section for each membership pupil in the public school academy or
in the education achievement system who met the income eligibility criteria for free
breakfast, lunch, or milk, as determined under the Richard B. Russell national school
lunch act and as reported to the department not later than the fifth Wednesday after
the pupil membership count day of the current fiscal year and adjusted not later than
December 31 of the current fiscal year, an amount per pupil equal to 11.5% of the
public school academy's or the education achievement system's per membership pupil
amount calculated under section 20 for the current state fiscal year.
(5) Except as otherwise provided in this section, a district or public school
academy, or the education achievement system, receiving funding under this section
shall use that money only to provide instructional programs and direct
noninstructional services, including, but not limited to, medical, mental health, or
counseling services, for at-risk pupils; for school health clinics; and for the
purposes of subsection (6), (7), (8), or (11). In addition, a district that is a
school district of the first class or a district or public school academy in which at
least 50% of the pupils in membership met the income eligibility criteria for free
breakfast, lunch, or milk in the immediately preceding state fiscal year, as
determined and reported as described in subsection (4), or the education achievement
system if it meets this requirement, may use not more than 20% of the funds it
receives under this section for school security. A district, the public school
academy, or the education achievement system shall not use any of that money for
administrative costs. The instruction or direct noninstructional services provided
under this section may be conducted before or after regular school hours or by adding
extra school days to the school year.
(6) A district or public school academy that receives funds under this section
and that operates a school breakfast program under section 1272a of the revised school
code, MCL 380.1272a, or the education achievement system if it operates a school
breakfast program, shall use from the funds received under this section an amount, not
to exceed $10.00 per pupil for whom the district or public school academy or the
education achievement system receives funds under this section, necessary to pay for
costs associated with the operation of the school breakfast program.
(7) From the funds allocated under subsection (1),
there is allocated for 2015-
2016 2016-2017 an amount not to exceed $3,557,300.00
$5,557,300.00 to support child
and adolescent health centers. These grants shall be awarded for 5 consecutive years
beginning with 2003-2004 in a form and manner approved jointly by the department and
the department of health and human services. Each grant recipient shall remain in
compliance with the terms of the grant award or shall forfeit the grant award for the
duration of the 5-year period after the noncompliance. To continue to receive funding
for a child and adolescent health center under this section a grant recipient shall
ensure that the child and adolescent health center has an advisory committee and that
at least one-third of the members of the advisory committee are parents or legal
guardians of school-aged children. A child and adolescent health center program shall
recognize the role of a child's parents or legal guardian in the physical and
emotional well-being of the child. Funding under this subsection shall be used to
support child and adolescent health center services provided to children up to age 21.
If any funds allocated under this subsection are not used for the purposes of this
subsection for the fiscal year in which they are allocated, those unused funds shall
be used that fiscal year to avoid or minimize any proration that would otherwise be
required under subsection (12) for that fiscal year. In
addition to the funds
otherwise allocated under this subsection, from the money
allocated in subsection (1),
there is allocated an amount not to exceed $2,000,000.00
for 2015-2016 only for child
and adolescent health centers to increase access to nurses
and behavioral health
services in schools, using 3 existing school clinics as
hubs for services and using
mobile teams to serve satellite school sites.
(8) From the funds allocated under subsection (1),
there is allocated for 2015-
2016 2016-2017 an amount not to exceed
$5,150,000.00 for the state portion of the
hearing and vision screenings as described in section 9301 of the public health code,
1978 PA 368, MCL 333.9301. A local public health department shall pay at least 50% of
the total cost of the screenings. The frequency of the screenings shall be as required
under R 325.13091 to R 325.13096 and R 325.3271 to R 325.3276 of the Michigan
administrative code. Funds shall be awarded in a form and manner approved jointly by
the department and the department of health and human services. Notwithstanding
section 17b, payments to eligible entities under this subsection shall be paid on a
schedule determined by the department.
(9) Each district or public school academy receiving funds under this section and
the education achievement system shall submit to the department by July 15 of each
fiscal year a report, not to exceed 10 pages, on the usage by the district or public
school academy or the education achievement system of funds under this section, which
report shall include a brief description of each program conducted or services
performed by the district or public school academy or the education achievement system
using funds under this section, the amount of funds under this section allocated to
each of those programs or services, the total number of at-risk pupils served by each
of those programs or services, and the data necessary for the department and the
department of health and human services to verify matching funds for the temporary
assistance for needy families program. If a district or public school academy or the
education achievement system does not comply with this subsection, the department
shall withhold an amount equal to the August payment due under this section until the
district or public school academy or the education achievement system complies with
this subsection. If the district or public school academy or the education achievement
system does not comply with this subsection by the end of the state fiscal year, the
withheld funds shall be forfeited to the school aid fund.
(10) In order to receive funds under this section, a district or public school
academy or the education achievement system shall allow access for the department or
the department's designee to audit all records related to the program for which it
receives those funds. The district or public school academy or the education
achievement system shall reimburse the state for all disallowances found in the audit.
(11) Subject to subsections (6), (7), and (8), a district may use up to 100% of
the funds it receives under this section to implement schoolwide reform in schools
with 40% or more of their pupils identified as at-risk pupils by providing
supplemental instructional or noninstructional services consistent with
the school
improvement plan.
(12) If necessary, and before any proration required under section 296, the
department shall prorate payments under this section by reducing the amount of the per
pupil payment under this section by a dollar amount calculated by determining the
amount by which the amount necessary to fully fund the requirements of this section
exceeds the maximum amount allocated under this section and then dividing that amount
by the total statewide number of pupils who met the income eligibility criteria for
free breakfast, lunch, or milk in the immediately preceding fiscal year, as described
in subsection (4).
(13) If a district is formed by consolidation after June 1, 1995, and if 1 or
more of the original districts were not eligible before the consolidation for an
additional allowance under this section, the amount of the additional allowance under
this section for the consolidated district shall be based on the number of pupils
described in subsection (1) enrolled in the consolidated district who reside in the
territory of an original district that was eligible before the consolidation for an
additional allowance under this section. In addition, if a district is dissolved
pursuant to section 12 of the revised school code, MCL 380.12, the intermediate
district to which the dissolved school district was constituent shall determine the
estimated number of pupils that meet the income eligibility criteria for free
breakfast, lunch, or milk, as described under subsection (4), enrolled in each of the
other districts within the intermediate district and provide that estimate to the
department for the purposes of distributing funds under this section within 60 days
after the school district is declared dissolved.
(14) As used in this section, "at-risk pupil" means a pupil for whom the district
has documentation that the pupil meets any of the following criteria:
(a) Is a victim of child abuse or neglect.
(b) Is a pregnant teenager or teenage parent.
(c) Has a family history of school failure, incarceration, or substance abuse.
(d) For pupils for whom the results of the state summative assessment have been
received, is a pupil who did not achieve proficiency on the English language arts,
mathematics, science, or social studies content area assessment.
(e) Is a pupil who is at risk of not meeting the district's core academic
curricular objectives in English language arts or mathematics, as demonstrated on
local assessments.
(f) The pupil is enrolled in a priority or priority-successor school, as defined
in the elementary and secondary education act of 2001 flexibility waiver approved by
the United States Department of Education.
(g) In the absence of state or local assessment data, the pupil meets at least 2
of the following criteria, as documented in a form and manner approved by the
department:
(i) The pupil is eligible for free or reduced price breakfast, lunch, or milk.
(ii) The pupil is absent more than 10% of enrolled days or 10 school days during
the school year.
(iii) The pupil is homeless.
(iv) The pupil is a migrant.
(v) The pupil is an English language learner.
(vi) The pupil is an immigrant who has immigrated within the immediately
preceding 3 years.
(vii) The pupil did not complete high school in 4 years and is still continuing
in school as identified in the Michigan cohort graduation and dropout report.
(15) Beginning in 2018-2019, if a district, public school academy, or the
education achievement system does not demonstrate to the satisfaction of the
department that at least 50% of at-risk pupils are reading
at grade level PROFICIENT
IN ENGLISH LANGUAGE ARTS by the end of grade 3 as measured by the state assessment for
the immediately preceding school year and demonstrate to the satisfaction of the
department improvement over each of the 3 immediately preceding school years in the
percentage of at-risk pupils that are career- and college-ready as determined by
proficiency on the English language arts, mathematics, and science content area
assessments on the grade 11 summative assessment under section 1279g(2)(a) of the
revised school code, MCL 380.1279g, the district, public school academy, or education
achievement system shall ensure all of the following:
(a) The district, public school academy, or the education achievement system
shall determine the proportion of total at-risk pupils that represents the number of
pupils in grade 3 that are not reading at grade level PROFICIENT IN ENGLISH LANGUAGE
ARTS by the end of grade 3, and the district, public school academy, or the education
achievement system shall expend that same proportion multiplied by 1/2 of its total
at-risk funds under this section on tutoring and other methods of improving grade 3
reading levels ENGLISH LANGUAGE ARTS
PROFICIENCY.
(b) The district, public school academy, or the education achievement system
shall determine the proportion of total at-risk pupils that represent the number of
pupils in grade 11 that are not career- and college-ready as measured by the student's
score on the English language arts, mathematics, and science content area assessments
on the grade 11 summative assessment under section 1279g(2)(a) of the revised school
code, MCL 380.1279g, and the district, public school academy, or the education
achievement system shall expend that same proportion multiplied by 1/2 of its total
at-risk funds under this section on tutoring and other activities to improve scores on
the college entrance examination portion of the Michigan merit examination.
(16) As used in subsection (15), "total at-risk pupils" means the sum of the
number of pupils in grade 3 that are not reading at grade level by the end of third
grade as measured on the state assessment and the number of pupils in grade 11 that
are not career- and college-ready as measured by the student's score on the English
language arts, mathematics, and science content area assessments on the grade 11
summative assessment under section 1279g(2)(a) of the revised school code, MCL
380.1279g.
(17) A district or public school academy that receives funds under this section
or the education achievement system may use funds received under this section to
provide an anti-bullying or crisis intervention program.
(18) The department shall collaborate with the department of health and human
services to prioritize assigning Pathways to Potential Success coaches to elementary
schools that have a high percentage of pupils in grades K to 3 who are not reading at
grade level.
Sec. 31d. (1) From the appropriations in section 11, there is allocated an amount
not to exceed $22,495,100.00 for 2015-2016 2016-2017 for the purpose of making
payments to districts and other eligible entities under this section.
(2) The amounts allocated from state sources under this section shall be used to
pay the amount necessary to reimburse districts for 6.0127% of the necessary costs of
the state mandated portion of the school lunch programs provided by those districts.
The amount due to each district under this section shall be computed by the department
using the methods of calculation adopted by the Michigan supreme court in the
consolidated cases known as Durant v State of Michigan, Michigan supreme court docket
no. 104458-104492.
(3) The payments made under this section include all state payments made to
districts so that each district receives at least 6.0127% of the necessary costs of
operating the state mandated portion of the school lunch program in a fiscal year.
(4) The payments made under this section to districts and other eligible entities
that are not required under section 1272a of the revised school code, MCL 380.1272a,
to provide a school lunch program shall be in an amount not to exceed $10.00 per
eligible pupil plus 5 cents for each free lunch and 2 cents for each reduced price
lunch provided, as determined by the department.
(5) From the federal funds appropriated in section 11, there is allocated for
2015-2016 2016-2017 all available federal funding,
estimated at $510,000,000.00 for
the national school lunch program and all available federal funding, estimated at
$3,200,000.00 for the emergency food assistance program.
(6) Notwithstanding section 17b, payments to eligible entities other than
districts under this section shall be paid on a schedule determined by the department.
(7) In purchasing food for a school lunch program funded under this section,
preference shall be given to food that is grown or produced by Michigan businesses if
it is competitively priced and of comparable quality.
Sec. 31f. (1) From the appropriations in section 11, there is allocated an amount
not to exceed $5,625,000.00 $2,500,000.00 for 2015-2016 2016-2017 for the purpose of
making payments to districts to reimburse for the cost of providing breakfast.
(2) The funds allocated under this section for school breakfast programs shall be
made available to all eligible applicant districts that meet all of the following
criteria:
(a) The district participates in the federal school breakfast program and meets
all standards as prescribed by 7 CFR parts 220 and 245.
(b) Each breakfast eligible for payment meets the federal standards described in
subdivision (a).
(3) The payment for a district under this section is at a per meal rate equal to
the lesser of the district's actual cost or 100% of the statewide average cost of a
breakfast served, as determined and approved by the department, less federal
reimbursement, participant payments, and other state reimbursement. The statewide
average cost shall be determined by the department using costs as reported in a manner
approved by the department for the preceding school year.
(4) Notwithstanding section 17b, payments under this section may be made pursuant
to an agreement with the department.
(5) In purchasing food for a school breakfast program funded under this section,
preference shall be given to food that is grown or produced by Michigan businesses if
it is competitively priced and of comparable quality.
Sec. 32d. (1) From the funds appropriated in section 11, there is allocated to
eligible intermediate districts and consortia of intermediate districts for great
start readiness programs an amount not to exceed
$243,600,000.00 for 2015-2016 2016-
2017. Funds allocated under this section for great start readiness programs shall be
used to provide part-day, school-day, or GSRP/head start blended comprehensive free
compensatory classroom programs designed to improve the readiness and subsequent
achievement of educationally disadvantaged children who meet the participant
eligibility and prioritization guidelines as defined by the department. For a child to
be eligible to participate in a program under this section, the child shall be at
least 4, but less than 5, years of age as of the date
specified for determining a
child's eligibility to attend school under section 1147 of
the revised school code,
MCL 380.1147 SEPTEMBER 1 OF THE
SCHOOL YEAR IN WHICH PROGRAMS ARE OFFERED AND MEET
PROGRAM ELIGIBILITY.
(2) Funds allocated under subsection (1) shall be allocated to intermediate
districts or consortia of intermediate districts based on the formula in section 39.
An intermediate district or consortium of intermediate districts receiving funding
under this section shall act as the fiduciary for the great start readiness programs.
In order to be eligible to receive funds allocated under this subsection from an
intermediate district or consortium of intermediate districts, a district, a
consortium of districts, or a public or private for-profit or nonprofit legal entity
or agency shall comply with this section and section 39.
(3) In addition to the allocation under subsection (1), from the general fund
money appropriated under section 11, there is allocated an amount not to exceed
$300,000.00 for 2015-2016 2016-2017 for a competitive grant to continue a longitudinal
evaluation of children who have participated in great start readiness programs.
(4) To be eligible for funding under this section, a program shall prepare
children for success in school through comprehensive part-day, school-day, or
GSRP/head start blended programs that contain all of the following program components,
as determined by the department:
(a) Participation in a collaborative recruitment and enrollment process to assure
that each child is enrolled in the program most appropriate to his or her needs and to
maximize the use of federal, state, and local funds.
(b) An age-appropriate educational curriculum that is in compliance with the
early childhood standards of quality for prekindergarten children adopted by the state
board.
(c) Nutritional services for all program participants supported by federal,
state, and local resources as applicable.
(d) Physical and dental health and developmental screening services for all
program participants.
(e) Referral services for families of program participants to community social
service agencies, including mental health services, as appropriate.
(f) Active and continuous involvement of the parents or guardians of the program
participants.
(g) A plan to conduct and report annual great start readiness program evaluations
and continuous improvement plans using criteria approved by the department.
(h) Participation in a school readiness advisory committee convened as a
workgroup of the great start collaborative that provides for the involvement of
classroom teachers, parents or guardians of program participants, and community,
volunteer, and social service agencies and organizations, as appropriate. The advisory
committee annually shall review and make recommendations regarding the program
components listed in this subsection. The advisory committee also shall make
recommendations to the great start collaborative regarding other community services
designed to improve all children's school readiness.
(i) The ongoing articulation of the kindergarten and first grade programs offered
by the program provider.
(j) Participation in this state's great start to quality process with a rating of
at least 3 stars.
(5) An application for funding under this section shall provide for the
following, in a form and manner determined by the department:
(a) Ensure compliance with all program components described in subsection (4).
(b) Except as otherwise provided in this subdivision, ensure that at least 90% of
the children participating in an eligible great start readiness program for whom the
intermediate district is receiving funds under this section are children who live with
families with a household income that is equal to or less than 250% of the federal
poverty level. If the intermediate district determines that all eligible children are
being served and that there are no children on the waiting list under section 39(1)(d)
who live with families with a household income that is equal to or less than 250% of
the federal poverty level, the intermediate district may then enroll children who live
with families with a household income that is equal to or less than 300% of the
federal poverty level. The enrollment process shall consider income and risk factors,
such that children determined with higher need are enrolled before children with
lesser need. For purposes of this subdivision, all age-eligible children served in
foster care or who are experiencing homelessness or who have individualized education
plans recommending placement in an inclusive preschool setting shall be considered to
live with families with household income equal to or less than 250% of the federal
poverty level regardless of actual family income AND BE PRIORITIZED WITHIN THE LOWEST
QUINTILE FOR ENROLLMENT.
(c) Ensure that the applicant only uses qualified personnel for this program, as
follows:
(i) Teachers possessing proper training. A lead teacher must have a valid
teaching certificate with an early childhood (ZA or ZS) endorsement or a bachelor's
degree OR HIGHER in child development or early child
development CHILDHOOD EDUCATION
with specialization in preschool teaching. However, if an applicant demonstrates to
the department that it is unable to fully comply with this subparagraph after making
reasonable efforts to comply, teachers who have significant but incomplete training in
early childhood education or child development may be used if the applicant provides
to the department, and the department approves, a plan for each teacher to come into
compliance with the standards in this subparagraph. A teacher's compliance plan must
be completed within 2 years of the date of employment. Progress toward completion of
the compliance plan shall consist of at least 2 courses per calendar year.
(ii) Paraprofessionals possessing proper
training in early childhood development
EDUCATION, including an associate's degree in early childhood education or child
development or the equivalent, or a child development associate (CDA) credential.
However, if an applicant demonstrates to the department that it is unable to fully
comply with this subparagraph after making reasonable efforts to comply, the applicant
may use paraprofessionals who have completed at least 1 course that earns college
credit in early childhood education or child development if the applicant provides to
the department, and the department approves, a plan for each paraprofessional to come
into compliance with the standards in this subparagraph. A paraprofessional's
compliance plan must be completed within 2 years of the date of employment. Progress
toward completion of the compliance plan shall consist of at least 2 courses or 60
clock hours of training per calendar year.
(d) Include a program budget that contains only those costs that are not
reimbursed or reimbursable by federal funding, that are clearly and directly
attributable to the great start readiness program, and that would not be incurred if
the program were not being offered. Eligible costs include transportation costs. The
program budget shall indicate the extent to which these funds will supplement other
federal, state, local, or private funds. Funds received under this section shall not
be used to supplant any federal funds received by the applicant to serve children
eligible for a federally funded preschool program that has the capacity to serve those
children.
(6) For a grant recipient that enrolls pupils in a school-day program funded
under this section, each child enrolled in the school-day program shall be counted as
2 children served by the program DESCRIBED
IN SECTION 39 for
purposes of determining
the number of children to be served and for determining the amount of the grant award.
A grant award shall not be increased solely on the basis of
providing a school-day
program.
(7) For a grant recipient that enrolls pupils in a GSRP/head start blended
program, the grant recipient shall ensure that all head start and GSRP policies and
regulations are applied to the blended slots, with adherence to the highest standard
from either program, to the extent allowable under federal law.
(8) An intermediate district or consortium of intermediate districts receiving a
grant under this section shall designate an early childhood coordinator, and may
provide services directly or may contract with 1 or more districts or public or
private for-profit or nonprofit providers that meet all
requirements of subsection (4)
SUBSECTIONS (4) AND (5).
(9) Funds received under this section may be retained for administrative services
as follows:
(a) For the portion of the total grant amount for which services are provided
directly by an intermediate district or consortium of intermediate districts, the
intermediate district or consortium of intermediate districts may retain an amount
equal to not more than 7% of that portion of the grant amount.
(b) For the portion of the total grant amount for which services are contracted,
the intermediate district or consortium of intermediate districts receiving the grant
may retain an amount equal to not more than 4% of that portion of the grant amount and
the subrecipients engaged by the intermediate district to provide program services may
retain for administrative services an amount equal to not more than 4% of that portion
of the grant amount.
(10) An intermediate district or consortium of intermediate districts may expend
not more than 2% of the total grant amount for outreach, recruiting, and public
awareness of the program.
(11) Each grant recipient shall enroll children identified under subsection
(5)(b) according to how far the child's household income is below 250% of the federal
poverty level by ranking each applicant child's household income from lowest to
highest and dividing the applicant children into quintiles based on how far the
child's household income is below 250% of the federal poverty level, and then
enrolling children in the quintile with the lowest household income before enrolling
children in the quintile with the next lowest household income until slots are
completely filled. If the grant recipient determines that all eligible children are
being served and that there are no children on the waiting list under section 39(1)(d)
who live with families with a household income that is equal to or less than 250% of
the federal poverty level, the grant recipient may then enroll children who live with
families with a household income that is equal to or less than 300% of the federal
poverty level. The enrollment process shall consider income and risk factors, such
that children determined with higher need are enrolled before children with lesser
need. For purposes of this subdivision, all age-eligible children served in foster
care or who are experiencing homelessness or who have individualized education plans
recommending placement in an inclusive preschool setting shall be considered to live
with families with household income equal to or less than 250% of the federal poverty
level regardless of actual family income AND BE PRIORITIZED WITHIN THE LOWEST QUINTILE
FOR ENROLLMENT.
(12) An intermediate district or consortium of intermediate districts receiving a
grant under this section shall allow parents of eligible children who are residents of
the intermediate district or within the consortium to choose a program operated by or
contracted with another intermediate district or consortium of intermediate districts
and shall pay to the educating intermediate district or
consortium the per-child
amount attributable to each child enrolled pursuant to this
sentence, as determined
under section 39 ENTER INTO A WRITTEN
AGREEMENT, IN A MANNER PRESCRIBED BY THE
DEPARTMENT.
(13) An intermediate district or consortium of intermediate districts receiving a
grant under this section shall conduct a local process to contract with interested and
eligible public and private for-profit and nonprofit community-based providers that
meet all requirements of subsection (4) for at least 30% of its total slot allocation.
The intermediate district or consortium shall report to the department, in a manner
prescribed by the department, a detailed list of community-based providers by provider
type, including private for-profit, private nonprofit, community college or
university, head start grantee or delegate, and district or intermediate district, and
the number and proportion of its total slot allocation allocated to each provider as
subrecipient. If the intermediate district or consortium is not able to contract for
at least 30% of its total slot allocation, the grant recipient shall notify the
department and, if the department verifies that the intermediate district or
consortium attempted to contract for at least 30% of its total slot allocation and was
not able to do so, then the intermediate district or consortium may retain and use all
of its allocated slots as provided under this section. To be able to use this
exemption, the intermediate district or consortium shall demonstrate to the department
that the intermediate district or consortium increased the percentage of its total
slot allocation for which it contracts with a community-based provider and the
intermediate district or consortium shall submit evidence satisfactory to the
department, and the department must be able to verify this evidence, demonstrating
that the intermediate district or consortium took measures to contract for at least
30% of its total slot allocation as required under this subsection, including, but not
limited to, at least all of the following measures:
(a) The intermediate district or consortium notified each NONPARTICIPATING
licensed child care center located in the service area of the intermediate district or
consortium at least twice regarding the center's
eligibility to participate, One of
these notifications may be made electronically, but at
least 1 of these notifications
shall be made via hard copy through the United States mail.
At least 1 of these
notifications shall be made within 7 days after the
intermediate district or
consortium receives notice from the department of its slot
allocations. IN A MANNER
PRESCRIBED BY THE DEPARTMENT.
(b) The intermediate district or consortium provided to each NONPARTICIPATING
licensed child care center located in the service area of the intermediate district or
consortium information regarding great start readiness program requirements and a
description of the application and selection process for community-based providers.
(c) The intermediate district or consortium provided to the public and to
participating families a list of community-based great start readiness program
subrecipients with a great start to quality rating of at least 3 stars.
(14) If an intermediate district or consortium of intermediate districts
receiving a grant under this section fails to submit satisfactory evidence to
demonstrate its effort to contract for at least 30% of its total slot allocation, as
required under subsection (1), the department shall reduce the slots allocated to the
intermediate district or consortium by a percentage equal to the difference between
the percentage of an intermediate district's or consortium's total slot allocation
awarded to community-based providers and 30% of its total slot allocation.
(15) In order to assist intermediate districts and consortia in complying with
the requirement to contract with community-based providers for at least 30% of their
total slot allocation, the department shall do all of the following:
(a) Ensure that a great start resource center or the department provides each
intermediate district or consortium receiving a grant under this section with the
contact information for each licensed child care center located in the service area of
the intermediate district or consortium by March 1 of each year.
(b) Provide, or ensure that an organization with which the department contracts
provides, a community-based provider with a validated great start to quality rating
within 90 days of the provider's having submitted a request and self-assessment.
(c) Ensure that all intermediate district, district, community college or
university, head start grantee or delegate, private for-profit, and private nonprofit
providers are subject to a single great start to quality rating system. The rating
system shall ensure that regulators process all prospective providers at the same pace
on a first-come, first-served basis and shall not allow 1 type of provider to receive
a great start to quality rating ahead of any other type of provider.
(d) Not later than November DECEMBER 1 of each year, compile the results of the
information reported by each intermediate district or consortium under subsection (10)
and report to the legislature a list by intermediate district or consortium with the
number and percentage of each intermediate district's or consortium's total slot
allocation allocated to community-based providers by provider type, including private
for-profit, private nonprofit, community college or university, head start grantee or
delegate, and district or intermediate district.
(16) A recipient of funds under this section shall report to the department in a
form and manner prescribed by the department the number of children participating in
the program who meet the income eligibility criteria under subsection (5)(b) and the
total number of children participating in the program. For children participating in
the program who meet the income eligibility criteria specified under subsection
(5)(b), a recipient shall also report whether or not a parent is available to provide
care based on employment status. For the purposes of this subsection, "employment
status" shall be defined by the department of health and human services in a manner
consistent with maximizing the amount of spending that may be claimed for temporary
assistance for needy families maintenance of effort purposes.
(17) As used in this section:
(a) "GSRP/head start blended program" means a part-day program funded under this
section and a head start program, which are combined for a school-day program.
(b) "Part-day program" means a program that operates at least 4 days per week, 30
weeks per year, for at least 3 hours of teacher-child contact time per day but for
fewer hours of teacher-child contact time per day than a school-day program.
(c) "School-day program" means a program that operates for at least the same
length of day as a district's first grade program for a minimum of 4 days per week, 30
weeks per year. A classroom that offers a school-day program must enroll all children
for the school day to be considered a school-day program.
(18) An intermediate district or consortium of intermediate districts receiving
funds under this section shall establish a sliding scale of tuition rates based upon
household income for children participating in an eligible great start readiness
program who live with families with a household income that is more than 250% of the
federal poverty level to be used by all of its providers, as approved by the
department. A grant recipient shall charge tuition according to that sliding scale of
tuition rates on a uniform basis for any child who does not meet the income
eligibility requirements under this section.
(19) From the amount appropriated in subsection (1), there is allocated an amount
not to exceed $10,000,000.00 for reimbursement of transportation costs for children
attending great start readiness programs funded under this section. To receive
reimbursement under this subsection, not later than November
1, 2015 2016, a program
funded under this section that provides transportation shall submit to the
intermediate district that is the fiscal agent for the program a projected
transportation budget. The amount of the reimbursement for transportation under this
subsection shall be no more than the projected transportation budget or $150.00
multiplied by the number of slots funded for the program under this section. If the
amount allocated under this subsection is insufficient to fully reimburse the
transportation costs for all programs that provide transportation and submit the
required information, the reimbursement shall be prorated in an equal amount per slot
funded. Payments shall be made to the intermediate district that is the fiscal agent
for each program, and the intermediate district shall then reimburse the program
provider for transportation costs as prescribed under this subsection.
Sec. 32p. (1) From the school aid fund appropriation in section 11, there is
allocated an amount not to exceed $13,400,000.00 to
intermediate districts for 2015-
2016 2016-2017 for the purpose of providing early
childhood funding to intermediate
school districts to support the activities under subsection (2) and subsection (4),
and to provide early childhood programs for children from birth through age 8. The
funding provided to each intermediate district under this section shall be determined
by the distribution formula established by the department's office of great start to
provide equitable funding statewide. In order to receive funding under this section,
each intermediate district shall provide an application to the office of great start
not later than September 15 of the immediately preceding fiscal year indicating the
activities planned to be provided.
(2) Each intermediate district or consortium of intermediate districts that
receives funding under this section shall convene a local great start collaborative
and a parent coalition. The goal of each great start collaborative and parent
coalition shall be to ensure the coordination and expansion of local early childhood
infrastructure and programs that allow every child in the community to achieve the
following outcomes:
(a) Children born healthy.
(b) Children healthy, thriving, and developmentally on track from birth to third
grade.
(c) Children developmentally ready to succeed in school at the time of school
entry.
(d) Children prepared to succeed in fourth grade and beyond by reading
proficiently by the end of third grade.
(3) Each local great start collaborative and parent coalition shall convene
workgroups to make recommendations about community services designed to achieve the
outcomes described in subsection (2) and to ensure that its local great start system
includes the following supports for children from birth through age 8:
(a) Physical health.
(b) Social-emotional health.
(c) Family supports and basic needs.
(d) Parent education.
(e) Early education and care.
(4) From the funds allocated in subsection (1), at least $2,500,000.00 shall be
used for the purpose of providing home visits to at-risk children and their families.
The home visits shall be conducted as part of a locally coordinated, family-centered,
evidence-based, data-driven home visit strategic plan that is approved by the
department. The goals of the home visits funded under this subsection shall be to
improve school readiness, reduce the number of pupils retained in grade level, and
reduce the number of pupils requiring special education services. The department shall
coordinate the goals of the home visit strategic plans approved under this subsection
with other state agency home visit programs in a way that strengthens Michigan's home
visiting infrastructure and maximizes federal funds available for the purposes of at-
risk family home visits.
(5) Not later than December 1 of each year, each intermediate district shall
provide a report to the department detailing the activities actually provided during
the immediately preceding school year and the families and children actually served.
At a minimum, the report shall include an evaluation of the services provided with
additional funding under subsection (4) for home visits, using the goals identified in
subsection (4) as the basis for the evaluation, including the degree to which school
readiness was improved, any change in the number of pupils retained at grade level,
and any change in the number of pupils receiving special education services. The
department shall compile and summarize these reports and submit its summary to the
house and senate appropriations subcommittees on school aid and to the house and
senate fiscal agencies not later than February 15 of each year.
(6) An intermediate district or consortium of intermediate districts that
receives funding under this section may carry over any unexpended funds received under
this section into the next fiscal year and may expend those unused funds through June
30 of the next fiscal year. A recipient of a grant shall return any unexpended grant
funds to the department in the manner prescribed by the department not later than
September 30 of the next fiscal year after the fiscal year in which the funds are
received.
Sec. 35. (1) The funds allocated under section 35a shall be used for programs to
ensure children are reading at grade level by the end of grade 3. The superintendent
shall designate staff or contracted employees funded under section 35a as critical
shortage. Programs funded under section 35a are intended to ensure that this state
will be in the top 10 most improved states in grade 4 reading proficiency by the 2019
National Assessment of Educational Progress (NAEP) and will be in the top 10 states
overall in grade 4 reading proficiency by 2025.
(2) From the general fund appropriation in section 11, there is allocated to the
department an amount not to exceed $1,000,000.00 for 2015-2016
2016-2017 for
implementation costs associated with programs funded under section 35a.
(3) From the amount allocated under subsection
(2), there is allocated an amount
not to exceed $100,000.00 for the purpose of performing an
evaluation of the pilot
programs under section 35a(2) in a manner approved by the
department. The evaluation
report shall include at least all of the following:
(a) A description of the components of the pilot
programs that were effective in
helping parents prepare their children for success in
school.
(b) A description of any barriers that parents
and their children encountered
that prevented them from participating in the pilot
programs.
(c) An assessment of whether these pilot programs
should be expanded to other
locations in the state.
Sec. 35a. (1) From the
appropriations in section 11, there is allocated for 2015-
2016 2016-2017 for the purposes of this section an
amount not to exceed $23,900,000.00
from the state school aid fund appropriation and an amount
not to exceed $1,500,000.00
from the general fund appropriation $22,900,000.00.
(2) From the allocations under subsection (1),
there is allocated an amount not
to exceed $1,000,000.00 for 2015-2016 for the purpose of
conducting parent education
pilot programs for parents of children less than 4 years of
age so that children are
developmentally ready to succeed in school at the time of
school entry. All of the
following apply to programs funded under this subsection:
(a) The department shall develop a competitive
application process and method of
grant distribution consistent with the provisions of this
subsection. The amount of a
grant award to a pilot program shall be an amount equal to
the number of children
residing in the district or consortium of districts
operating the program who are
younger than 4 years of age as of the date specified for
determining a child's
eligibility to attend school under section 1147 of the
revised school code, MCL
380.1147, multiplied by $120.00 per child or $130,000.00,
whichever is less. The
department shall ensure that grants are awarded in each
prosperity region or
subregion.
(b) An application for a competitive grant under
this subsection shall be
submitted by an intermediate district on behalf of a
district or consortium of
districts within the intermediate district. The application
shall be submitted in a
form and manner approved by the department and shall
contain at least the following
components:
(i) A description of the program design
including the names of the district or
consortium of districts that will operate the program, the
physical location of the
program, and the anticipated number of families that will
be served.
(ii) An assurance that the program will be
supervised by a teacher who has a
valid teaching certificate with an early childhood (ZA or
ZS) endorsement, a valid
teaching certificate in career education with both a KH and
VH endorsement, a
bachelor's degree in child development or early child
development, or a bachelor's
degree related to adult learning.
(iii) An estimate of the number of
families residing in the district or
consortium of districts that will operate the pilot program
that have at least 1 child
less than 4 years of age as of the date specified for
determining a child's
eligibility to attend school under section 1147 of the
revised school code, MCL
380.1147.
(iv) A description of the public awareness
and outreach efforts that will be
made.
(v) An assurance that the intermediate
district and the district or consortium of
districts operating the program will provide information in
a form and manner as
approved by the department to allow for an evaluation of
the pilot projects.
(vi) A description of the sliding fee
scale that will be established for tuition,
with fees reduced or waived for those unable to pay.
(vii) A budget for the program. A program
may use not more than 5% of a grant to
administer the program.
(c) To be eligible for a grant under this
subsection, a program shall provide at
least 2 hours per week throughout the school year for
parents and their eligible
children to participate in parent education programs and
meet at least the following
minimum requirements:
(i) Require that parents be physically
present in classes with their children or
be in concurrent classes.
(ii) Use research-based information to
educate parents about the physical,
cognitive, social, and emotional development of children.
(iii) Provide structured learning
activities requiring interaction between
children and their parents.
(iv) Provide structured learning
activities for children that promote positive
interaction with their peers.
(d) For a child to be eligible to participate in
a program under this subsection,
the child shall be less than 4 years of age as of the date
specified for determining a
child's eligibility to attend school under section 1147 of
the revised school code,
MCL 380.1147.
(2)
(3) From the allocations under
subsection (1), there is allocated an amount
not to exceed $950,000.00 for 2015-2016 2016-2017 for professional development
purposes under this subsection. This allocation represents
the first SECOND of 2 years
of funding for the purposes of this subsection. All of the following apply to funding
under this subsection:
(a) The department shall award grants to districts to support professional
development for educators in a department-approved research-based training program
related to current state literacy standards for pupils in grades K to 3. The
professional development shall also include training in the use of screening and
diagnostic tools, progress monitoring, and intervention methods used to address
barriers to learning and delays in learning that are diagnosed through the use of
these tools. The department shall determine the amount of the grant awards.
(b) In addition to other methods of professional development delivery, the
department shall collaborate with the Michigan Virtual University to provide this
training online to all educators of pupils in grades K to 3.
(c) The funds allocated under this subsection are a work project appropriation,
and any unexpended funds for 2015-2016 2016-2017 are carried forward into 2016-2017
2017-2018. The purpose of the work project is to continue to implement the
professional development training described in this subsection. The estimated
completion date of the work project is September 30, 2017
2018.
(3)
(4) From the allocations under
subsection (1), there is allocated an amount
not to exceed $1,450,000.00 for 2015-2016 2016-2017 for grants under this subsection.
This allocation represents the first SECOND of 2 years of funding. All of the
following apply to grants under this subsection:
(a) The department shall award grants to districts to administer department-
approved screening and diagnostic tools to monitor the development of early literacy
and early reading skills of pupils in grades K to 3 and to support research-based
professional development for educators in administering screening and diagnostic tools
and in data interpretation of the results obtained through the use of those tools for
the purpose of implementing a multi-tiered system of support to improve reading
proficiency among pupils in grades K to 3. The department shall award grants to
eligible districts in an amount determined by the department.
(b) In addition to other methods of professional development delivery, the
department shall collaborate with the Michigan Virtual University to provide this
training online to all educators of pupils in grades K to 3.
(c) The funds allocated under this subsection are a work project appropriation,
and any unexpended funds for 2015-2016 2016-2017 are carried forward into 2016-2017
2017-2018. The purpose of the work project is to continue to implement the
professional development training described in this subsection. The estimated
completion date of the work project is September 30, 2017
2018.
(4)
(5) From the allocations under
subsection (1), there is allocated an amount
not to exceed $3,000,000.00 FOR 2016-2017 for the purpose of providing early literacy
coaches at intermediate districts to assist teachers in developing and implementing
instructional strategies for pupils in grades K to 3 so that pupils are reading at
grade level by the end of grade 3. All of the following apply to funding under this
subsection:
(a) The department shall develop an application process consistent with the
provisions of this subsection. An application shall provide assurances that literacy
coaches funded under this subsection are knowledgeable about at least the following:
(i) Current state literacy standards for pupils in grades K to 3.
(ii) Implementing an instructional delivery model based on frequent use of
formative, screening, and diagnostic tools, known as a multi-tiered system of support,
to determine individual progress for pupils in grades K to 3 so that pupils are
reading at grade level by the end of grade 3.
(iii) The use of data from diagnostic tools to determine the necessary additional
supports and interventions needed by individual pupils in grades K to 3 in order to be
reading at grade level.
(b) From the allocation under this subsection, the department shall award grants
to intermediate districts for the support of early literacy coaches. An intermediate
district must provide matching funds for at least 50% of the cost of the literacy
coach. The department shall provide this funding in the following manner:
(i) Each intermediate district shall be awarded grant funding to support the cost
of 1 early literacy coach in an equal amount per early literacy coach, not to exceed
$37,500.00.
(ii) After distribution of the grant funding under subparagraph (i), the
department shall distribute the remainder of grant funding for additional early
literacy coaches in an amount not to exceed $37,500.00 per early literacy coach. The
number of funded early literacy coaches for each intermediate district shall be based
on the percentage of the total statewide number of pupils in grades K to 3 who meet
the income eligibility standards for the federal free and reduced-price lunch programs
who are enrolled in districts in the intermediate district. For each additional early
literacy coach funded under this subparagraph, the department shall not make an award
to an intermediate district under this subparagraph in an amount that is less than the
amount necessary to pay 1/2 of the total cost of that additional early literacy coach.
(c) The funds allocated under this subsection are a work project appropriation,
and any unexpended funds for 2015-2016 2016-2017 are carried forward into 2016-2017
2017-2018. The purpose of the work project is to continue to provide early literacy
coaches as described in this subsection. The estimated completion date of the work
project is September 30, 2017 2018.
(5)
(6) From the allocations under
subsection (1), there is allocated an amount
not to exceed $17,500,000.00 for 2015-2016 2016-2017 to districts that provide
additional instructional time to those pupils in grades K to 3 who have been
identified by using department-approved screening and diagnostic tools as needing
additional supports and interventions in order to be reading at grade level by the end
of grade 3. Additional instructional time may be provided before, during, and after
regular school hours or as part of a year-round balanced school calendar. All of the
following apply to funding under this subsection:
(a) In order to be eligible to receive funding, a district shall demonstrate to
the satisfaction of the department that the district has done all of the following:
(i) Implemented a multi-tiered system of support instructional delivery model
that is an evidence-based model that uses data-driven problem solving to integrate
academic and behavioral instruction and that uses intervention delivered to all pupils
in varying intensities based on pupil needs. The multi-tiered system of supports must
provide at least all of the following essential elements:
(A) Implements effective instruction for all learners.
(B) Intervenes early.
(C) Provides a multi-tiered model of instruction and intervention that provides
the following:
(I) a A core
curriculum and classroom interventions available to all pupils that
meet the needs of most pupils;.
(II) targeted TARGETED group interventions;.
(III)and intense INTENSE individual interventions.
(D) Monitors pupil progress to inform instruction.
(E) Uses data to make instructional decisions.
(F) Uses assessments including universal screening, diagnostics, and progress
monitoring.
(G) Engages families and the community.
(H) Implements evidence-based, scientifically validated, instruction and
intervention.
(I) Implements instruction and intervention practices with fidelity.
(J) Uses a collaborative problem-solving model.
(ii) Used department-approved research-based diagnostic tools to identify
individual pupils in need of additional instructional time.
(iii) Used a reading instruction method that focuses on the 5 fundamental
building blocks of reading: phonics, phonemic awareness, fluency, vocabulary, and
comprehension and content knowledge.
(iv) Provided teachers of pupils in grades K to 3 with research-based
professional development in diagnostic data interpretation.
(b) Funding allocated under this subsection shall be distributed to eligible
districts by multiplying the number of full-time-equivalent pupils in grade 1 in the
district by $165.00.
(c) If the funds allocated under this subsection are insufficient to fully fund
the payments under this subsection, payments under this subsection shall be prorated
on an equal per-pupil basis based on grade 1 pupils.
(7) From the general fund money allocated in
subsection (1), the department shall
allocate the amount of $1,000,000.00 for 2015-2016 to the
Michigan Education Corps.
All of the following apply to funding under this
subsection:
(a) By August 1, 2016, the Michigan Education
Corps shall provide a report
concerning its use of the funding to the senate and house
appropriations subcommittees
on state school aid, the senate and house fiscal agencies,
and the senate and house
caucus policy offices on outcomes and performance measures
of the Michigan Education
Corps, including, but not limited to, the degree to which
the Michigan Education
Corps's replication of the Michigan Reading Corps program
is demonstrating sufficient
efficacy and impact. The report must include data
pertaining to at least all of the
following:
(i) The current impact of the Michigan
Reading Corps on this state in terms of
numbers of children and programs receiving support. This
portion of the report shall
specify the number of children tutored, including dosage
and completion, and the
demographics of those children.
(ii) Whether the assessments and
interventions are implemented with fidelity.
This portion of the report shall include details on the total
number of assessments
and interventions completed and the range, median, mean,
and standard deviation for
all assessments.
(iii) Whether the literacy improvement of
children participating in the Michigan
Reading Corps is consistent with expectations. This portion
of the report shall detail
at least all of the following:
(A) Growth rate by grade level, in comparison to
targeted growth rate.
(B) Average linear growth rates.
(C) Exit rates.
(D) Percentage of children who exit who also meet
or exceed spring benchmarks.
(iv) The impact of the Michigan Reading
Corps on organizations and stakeholders,
including, but not limited to, school administrators,
internal coaches, and AmeriCorps
members.
(b) If the department determines that the
Michigan Education Corps has misused
the funds allocated under this subsection, the Michigan
Education Corps shall
reimburse this state for the amount of state funding
misused.
(8) From the general fund money
allocated under subsection (1), there is
allocated to the department an amount not to exceed
$500,000.00 for 2015-2016 for the
adoption of a certification test to ensure that all newly
certificated elementary
teachers have the skills to deliver evidence-based literacy
instruction.
Sec. 39. (1) An eligible applicant receiving funds under section 32d shall submit
an application, in a form and manner prescribed by the department, by a date specified
by the department in the immediately preceding state fiscal year. The application
shall include a comprehensive needs assessment using aggregated data from the
applicant's entire service area and a community collaboration plan that is endorsed by
the local great start collaborative and is part of the community's great start
strategic plan that includes, but is not limited to, great start readiness program and
head start providers, and shall identify all of the following:
(a) The estimated total number of children in the community who meet the criteria
of section 32d and how that calculation was made.
(b) The estimated number of children in the community who meet the criteria of
section 32d and are being served by other early childhood development programs
operating in the community, and how that calculation was made.
(c) The number of SLOTS THE APPLICANT WILL BE ABLE TO FILL WITH children the
applicant will be able to serve who meet the criteria of section
32d including a
verification of physical facility and staff resources capacity.
(d) The estimated number of SLOTS WHICH WILL REMAIN UNFILLED AND children who
meet the criteria of section 32d who will remain unserved after the applicant and
community early childhood programs have met their funded enrollments. The applicant
shall maintain a waiting list of identified unserved eligible children who would be
served when openings are available.
(2) After notification of funding allocations, an applicant receiving funds under
section 32d shall also submit an implementation plan for approval, in a form and
manner prescribed by the department, by a date specified by the department, that
details how the applicant complies with the program components established by the
department pursuant to section 32d.
(3) The number of prekindergarten children construed to be in need of special
readiness assistance under section 32d shall be calculated for each applicant in the
following manner: 1/2 of the percentage of the applicant's pupils in grades 1 to 5 in
all districts served by the applicant who are eligible for free lunch, as determined
using the district's pupil membership count as of the pupil membership count day in
the school year prior to the fiscal year for which the calculation is made, under the
Richard B. Russell national school lunch act, 42 USC 1751 to 1769i, shall be
multiplied by the average kindergarten enrollment of the districts served by the
applicant on the pupil membership count day of the 2 immediately preceding fiscal
years.
(4) The initial allocation for each fiscal year to each eligible applicant under
section 32d shall be determined by multiplying the number
of children SLOTS determined
by the formula under subsection (3) or the number of children SLOTS the applicant
indicates it will be able to serve FILL under subsection (1)(c), whichever is less, by
$3,625.00 and shall be distributed among applicants in decreasing order of
concentration of eligible children as determined by the formula under subsection (3).
If the number of children SLOTS an applicant indicates it will be able to serve FILL
under subsection (1)(c) includes children able to be served in a school-day program,
then the number able to be served in SLOTS FOR a school-day program shall be doubled
for the purposes of making this calculation of the lesser
of the number of children
SLOTS determined by the formula under
subsection (3) and the number of children SLOTS
the applicant indicates it will be able to serve FILL under subsection (1)(c) and
determining the amount of the initial allocation to the applicant under section 32d. A
district may contract with a head start agency to serve children enrolled in head
start with a school-day program by blending head start funds with a part-day great
start readiness program allocation. All head start and great start readiness program
policies and regulations apply to the blended program.
(5) If funds allocated for eligible applicants under section 32d remain after the
initial allocation under subsection (4), the allocation under this subsection shall be
distributed to each eligible applicant under section 32d in decreasing order of
concentration of eligible children as determined by the formula under subsection (3).
The allocation shall be determined by multiplying the
number of children SLOTS in each
district within the applicant's service area served FILLED in the immediately
preceding fiscal year or the number of children SLOTS the applicant indicates it will
be able to serve FILL
under subsection
(1)(c), whichever is less, minus the number of
children SLOTS for which the applicant received
funding in subsection (4) by
$3,625.00.
(6) If funds allocated for eligible applicants under section 32d remain after the
allocations under subsections (4) and (5), remaining funds shall be distributed to
each eligible applicant under section 32d in decreasing order of concentration of
eligible children as determined by the formula under subsection (3). If the number of
children SLOTS the applicant indicates it will be
able to serve FILL under subsection
(1)(c) exceeds the number of children SLOTS for which funds have been received under
subsections (4) and (5), the allocation under this subsection shall be determined by
multiplying the number of children SLOTS the applicant indicates it will be able to
serve FILL under subsection (1)(c) less the
number of children SLOTS for which funds
have been received under subsections (4) and (5) by $3,625.00 until the funds
allocated for eligible applicants in section 32d are distributed.
(7) An applicant that offers supplementary child
care funded by funds other than
those received under section 32d and therefore offers
full-day programs as part of its
early childhood development program shall receive priority
in the allocation of funds
under section 32d over other eligible applicants. As used
in this subsection, "full-
day program" means a program that provides
supplementary child care that totals at
least 10 hours of programming per day.
(7)
(8) If, taking into account the total
amount to be allocated to the applicant
as calculated under this section, an applicant determines that it is able to include
additional eligible children in the great start readiness program without additional
funds under section 32d, the applicant may include additional eligible children but
shall not receive additional funding under section 32d for those children.
Sec. 39a. (1) From the federal funds appropriated in section 11, there is
allocated for 2015-2016 2016-2017 to districts, intermediate districts, and other
eligible entities all available federal funding, estimated
at $779,076,400.00
$821,939,900.00 for the federal programs under the no child left behind act of 2001,
Public Law 107-110 OR THE EVERY STUDENT SUCCEEDS ACT OF 2015, PUBLIC LAW 114-95. These
funds are allocated as follows:
(a) An amount estimated at $5,000,000.00 $2,000,000.00 to provide students with
drug- and violence-prevention programs and to implement strategies to improve school
safety, funded from DED-OESE, drug-free schools and communities funds.
(b) An amount estimated at $111,111,900.00 for the purpose of preparing,
training, and recruiting high-quality teachers and class size reduction, funded from
DED-OESE, improving teacher quality funds.
(c) An amount estimated at $12,200,000.00 for programs to teach English to
limited English proficient (LEP) children, funded from DED-OESE, language acquisition
state grant funds.
(d) An amount estimated at $10,286,500.00 $250,000.00 for the Michigan charter
school subgrant program, funded from DED-OESE, charter school funds.
(e) An amount estimated at $3,000,000.00 for rural and low income schools, funded
from DED-OESE, rural and low income school funds.
(f) An amount estimated at $565,000,000.00 to provide supplemental programs to
enable educationally disadvantaged children to meet challenging academic standards,
funded from DED-OESE, title I, disadvantaged children funds.
(g) An amount estimated at $8,878,000.00 for the purpose of identifying and
serving migrant children, funded from DED-OESE, title I, migrant education funds.
(h) An amount estimated at $39,000,000.00 for the purpose of providing high-
quality extended learning opportunities, after school and during the summer, for
children in low-performing schools, funded from DED-OESE, twenty-first century
community learning center funds.
(i) An amount estimated at $24,600,000.00 to help support local school
improvement efforts, funded from DED-OESE, title I, local school improvement grants.
(J) AN AMOUNT ESTIMATED AT $55,900,000.00 TO IMPROVE THE ACADEMIC ACHIEVEMENT OF
STUDENTS, FUNDED FROM DED-OESE, TITLE IV, STUDENT SUPPORT AND ACADEMIC ENRICHMENT
GRANTS.
(2) From the federal funds appropriated in section 11, there is allocated for
2015-2016 2016-2017 to districts, intermediate
districts, and other eligible entities
all available federal funding, estimated at $30,800,000.00 for the following programs
that are funded by federal grants:
(a) An amount estimated at $200,000.00 for acquired immunodeficiency syndrome
education grants, funded from HHS – Centers for Disease Control and Prevention, AIDS
funding.
(b) An amount estimated at $2,600,000.00 to provide services to homeless children
and youth, funded from DED-OVAE, homeless children and youth funds.
(c) An amount estimated at $4,000,000.00 to provide mental health, substance
abuse, or violence prevention services to students, funded from HHS-SAMHSA.
(d) An amount estimated at $24,000,000.00 for providing career and technical
education services to pupils, funded from DED-OVAE, basic grants to states.
(3) All federal funds allocated under this section shall be distributed in
accordance with federal law and with flexibility provisions outlined in Public Law
107-116, and in the education flexibility partnership act of 1999, Public Law 106-25.
Notwithstanding section 17b, payments of federal funds to districts, intermediate
districts, and other eligible entities under this section shall be paid on a schedule
determined by the department.
(4) For the purposes of applying for federal grants appropriated under this
article, the department shall allow an intermediate district to submit a consortium
application on behalf of 2 or more districts with the agreement of those districts as
appropriate according to federal rules and guidelines.
(5) As used in this section:
(a) "DED" means the United States Department of Education.
(b) "DED-OESE" means the DED Office of Elementary and Secondary Education.
(c) "DED-OVAE" means the DED Office of Vocational and Adult Education.
(d) "HHS" means the United States Department of Health and Human Services.
(e) "HHS-SAMHSA" means the HHS Substance Abuse and Mental Health Services
Administration.
Sec. 41. From the appropriation in section 11, there is allocated an amount not
to exceed $1,200,000.00 for 2015-2016 2016-2017 to applicant districts and
intermediate districts offering programs of instruction for pupils of limited English-
speaking ability under section 1153 of the revised school code, MCL 380.1153.
Reimbursement shall be on a per-pupil basis and shall be based on the number of pupils
of limited English-speaking ability in membership on the pupil membership count day.
Funds allocated under this section shall be used solely for instruction in speaking,
reading, writing, or comprehension of English. A pupil shall not be counted under this
section or instructed in a program under this section for more than 3 years.
Sec. 51a. (1) From the appropriation in section 11, there is allocated an amount
not to exceed $901,946,100.00 for 2014-2015 and an
amount not to exceed
$918,546,100.00 $973,046,100.00 for 2016-2017 from
state sources and all available
federal funding under sections 611 to 619 of part B of the individuals with
disabilities education act, 20 USC 1411 to 1419, estimated
at $370,000,000.00 each
fiscal year for 2014-2015 and for 2015-2016 2016-2017, plus any carryover federal
funds from previous year appropriations. The allocations under this subsection are for
the purpose of reimbursing districts and intermediate districts for special education
programs, services, and special education personnel as prescribed in article 3 of the
revised school code, MCL 380.1701 to 380.1766; net tuition payments made by
intermediate districts to the Michigan schools for the deaf and blind; and special
education programs and services for pupils who are eligible for special education
programs and services according to statute or rule. For meeting the costs of special
education programs and services not reimbursed under this article, a district or
intermediate district may use money in general funds or special education funds, not
otherwise restricted, or contributions from districts to intermediate districts,
tuition payments, gifts and contributions from individuals or other entities, or
federal funds that may be available for this purpose, as determined by the
intermediate district plan prepared pursuant to article 3 of the revised school code,
MCL 380.1701 to 380.1766. Notwithstanding section 17b, payments of federal funds to
districts, intermediate districts, and other eligible entities under this section
shall be paid on a schedule determined by the department.
(2) From the funds allocated under subsection (1), there is allocated the amount
necessary, estimated at $248,100,000.00 for 2014-2015
and estimated at $251,800,000.00
$271,600,000.00
for 2015-2016 2016-2017, for payments toward reimbursing districts and
intermediate districts for 28.6138% of total approved costs of special education,
excluding costs reimbursed under section 53a, and 70.4165% of total approved costs of
special education transportation. Allocations under this subsection shall be made as
follows:
(a) The initial amount allocated to a district under this subsection toward
fulfilling the specified percentages shall be calculated by multiplying the district's
special education pupil membership, excluding pupils described in subsection (11),
times the foundation allowance under section 20 of the pupil's district of residence
PLUS THE AMOUNT OF THE DISTRICT’S PER PUPIL ALLOCATION UNDER SECTION 20J(2), not to
exceed the basic foundation allowance under section 20 for the current fiscal year,
or, for a special education pupil in membership in a district that is a public school
academy, times an amount equal to the amount per membership pupil calculated under
section 20(6) or, for a pupil described in this subsection who is counted in
membership in the education achievement system, times an amount equal to the amount
per membership pupil under section 20(7). For an intermediate district, the amount
allocated under this subdivision toward fulfilling the specified percentages shall be
an amount per special education membership pupil, excluding pupils described in
subsection (11), and shall be calculated in the same manner as for a district, using
the foundation allowance under section 20 of the pupil's district of residence, not to
exceed the basic foundation allowance under section 20 for the current fiscal year AND
THAT DISTRICT’S PER PUPIL ALLOCATION UNDER SECTION 20J(2).
(b) After the allocations under subdivision (a), districts and intermediate
districts for which the payments calculated under subdivision (a) do not fulfill the
specified percentages shall be paid the amount necessary to achieve the specified
percentages for the district or intermediate district.
(3) From the funds allocated under subsection (1),
there is allocated for 2014-
2015 an amount not to exceed $1,000,000.00 and there is
allocated for 2015-2016 2016-
2017 an amount not to exceed $1,300,000.00
$1,100,000.00 to make payments to districts
and intermediate districts under this subsection. If the amount allocated to a
district or intermediate district for a fiscal year under subsection (2)(b) is less
than the sum of the amounts allocated to the district or intermediate district for
1996-97 under sections 52 and 58, there is allocated to the district or intermediate
district for the fiscal year an amount equal to that difference, adjusted by applying
the same proration factor that was used in the distribution of funds under section 52
in 1996-97 as adjusted to the district's or intermediate district's necessary costs of
special education used in calculations for the fiscal year. This adjustment is to
reflect reductions in special education program operations or services between 1996-97
and subsequent fiscal years. Adjustments for reductions in special education program
operations or services shall be made in a manner determined by the department and
shall include adjustments for program or service shifts.
(4) If the department determines that the sum of the amounts allocated for a
fiscal year to a district or intermediate district under subsection (2)(a) and (b) is
not sufficient to fulfill the specified percentages in subsection (2), then the
shortfall shall be paid to the district or intermediate district during the fiscal
year beginning on the October 1 following the determination and payments under
subsection (3) shall be adjusted as necessary. If the department determines that the
sum of the amounts allocated for a fiscal year to a district or intermediate district
under subsection (2)(a) and (b) exceeds the sum of the amount necessary to fulfill the
specified percentages in subsection (2), then the department shall deduct the amount
of the excess from the district's or intermediate district's payments under this
article for the fiscal year beginning on the October 1 following the determination and
payments under subsection (3) shall be adjusted as necessary. However, if the amount
allocated under subsection (2)(a) in itself exceeds the amount necessary to fulfill
the specified percentages in subsection (2), there shall be no deduction under this
subsection.
(5) State funds shall be allocated on a total approved cost basis. Federal funds
shall be allocated under applicable federal requirements, except that an amount not to
exceed $3,500,000.00 may be allocated by the department each
fiscal year for 2014-2015
and for 2015-2016 2016-2017 to districts, intermediate
districts, or other eligible
entities on a competitive grant basis for programs, equipment, and services that the
department determines to be designed to benefit or improve special education on a
statewide scale.
(6) From the amount allocated in subsection (1), there is allocated an amount not
to exceed $2,200,000.00 each fiscal year for 2014-2015
and for 2015-2016 2016-2017 to
reimburse 100% of the net increase in necessary costs incurred by a district or
intermediate district in implementing the revisions in the administrative rules for
special education that became effective on July 1, 1987. As used in this subsection,
"net increase in necessary costs" means the necessary additional costs incurred solely
because of new or revised requirements in the administrative rules minus cost savings
permitted in implementing the revised rules. Net increase in necessary costs shall be
determined in a manner specified by the department.
(7) For purposes of sections 51a to 58, all of the following apply:
(a) "Total approved costs of special education" shall be determined in a manner
specified by the department and may include indirect costs, but shall not exceed 115%
of approved direct costs for section 52 and section 53a programs. The total approved
costs include salary and other compensation for all approved special education
personnel for the program, including payments for social security and Medicare and
public school employee retirement system contributions. The total approved costs do
not include salaries or other compensation paid to administrative personnel who are
not special education personnel as defined in section 6 of the revised school code,
MCL 380.6. Costs reimbursed by federal funds, other than those federal funds included
in the allocation made under this article, are not included. Special education
approved personnel not utilized full time in the evaluation of students or in the
delivery of special education programs, ancillary, and other related services shall be
reimbursed under this section only for that portion of time actually spent providing
these programs and services, with the exception of special education programs and
services provided to youth placed in child caring institutions or juvenile detention
programs approved by the department to provide an on-grounds education program.
(b) Beginning with the 2004-2005 fiscal year, a district or intermediate district
that employed special education support services staff to provide special education
support services in 2003-2004 or in a subsequent fiscal year and that in a fiscal year
after 2003-2004 receives the same type of support services from another district or
intermediate district shall report the cost of those support services for special
education reimbursement purposes under this article. This subdivision does not
prohibit the transfer of special education classroom teachers and special education
classroom aides if the pupils counted in membership associated with those special
education classroom teachers and special education classroom aides are transferred and
counted in membership in the other district or intermediate district in conjunction
with the transfer of those teachers and aides.
(c) If the department determines before bookclosing for a fiscal year that the
amounts allocated for that fiscal year under subsections (2), (3), (6), and (11) and
sections 53a, 54, and 56 will exceed expenditures for that fiscal year under
subsections (2), (3), (6), and (11) and sections 53a, 54, and 56, then for a district
or intermediate district whose reimbursement for that fiscal year would otherwise be
affected by subdivision (b), subdivision (b) does not apply to the calculation of the
reimbursement for that district or intermediate district and reimbursement for that
district or intermediate district shall be calculated in the same manner as it was for
2003-2004. If the amount of the excess allocations under subsections (2), (3), (6),
and (11) and sections 53a, 54, and 56 is not sufficient to fully fund the calculation
of reimbursement to those districts and intermediate districts under this subdivision,
then the calculations and resulting reimbursement under this subdivision shall be
prorated on an equal percentage basis. Beginning in 2015-2016, the amount of
reimbursement under this subdivision for a fiscal year shall not exceed $2,000,000.00
for any district or intermediate district.
(d) Reimbursement for ancillary and other related services, as defined by R
340.1701c of the Michigan administrative code, shall not be provided when those
services are covered by and available through private group health insurance carriers
or federal reimbursed program sources unless the department and district or
intermediate district agree otherwise and that agreement is approved by the state
budget director. Expenses, other than the incidental expense of filing, shall not be
borne by the parent. In addition, the filing of claims shall not delay the education
of a pupil. A district or intermediate district shall be responsible for payment of a
deductible amount and for an advance payment required until the time a claim is paid.
(e) Beginning with calculations for 2004-2005, if an intermediate district
purchases a special education pupil transportation service from a constituent district
that was previously purchased from a private entity; if the purchase from the
constituent district is at a lower cost, adjusted for changes in fuel costs; and if
the cost shift from the intermediate district to the constituent does not result in
any net change in the revenue the constituent district receives from payments under
sections 22b and 51c, then upon application by the intermediate district, the
department shall direct the intermediate district to continue to report the cost
associated with the specific identified special education pupil transportation service
and shall adjust the costs reported by the constituent district to remove the cost
associated with that specific service.
(8) A pupil who is enrolled in a full-time special education program conducted or
administered by an intermediate district or a pupil who is enrolled in the Michigan
schools for the deaf and blind shall not be included in the membership count of a
district, but shall be counted in membership in the intermediate district of
residence.
(9) Special education personnel transferred from 1 district to another to
implement the revised school code shall be entitled to the rights, benefits, and
tenure to which the person would otherwise be entitled had that person been employed
by the receiving district originally.
(10) If a district or intermediate district uses money received under this
section for a purpose other than the purpose or purposes for which the money is
allocated, the department may require the district or intermediate district to refund
the amount of money received. Money that is refunded shall be deposited in the state
treasury to the credit of the state school aid fund.
(11) From the funds allocated in subsection (1), there is allocated the amount
necessary, estimated at $3,400,000.00 for 2014-2015 and
estimated at $3,300,000.00
$3,700,000.00
for 2015-2016 2016-2017, to pay the foundation allowances for pupils
described in this subsection. The allocation to a district under this subsection shall
be calculated by multiplying the number of pupils described in this subsection who are
counted in membership in the district times the SUM OF THE foundation allowance under
section 20 of the pupil's district of residence PLUS THE AMOUNT OF THE DISTRICT’S PER
PUPIL ALLOCATION UNDER SECTION 20J(2), not to exceed the basic foundation allowance
under section 20 for the current fiscal year, or, for a pupil described in this
subsection who is counted in membership in a district that is a public school academy,
times an amount equal to the amount per membership pupil under section 20(6) or, for a
pupil described in this subsection who is counted in membership in the education
achievement system, times an amount equal to the amount per membership pupil under
section 20(7). The allocation to an intermediate district under this subsection shall
be calculated in the same manner as for a district, using the foundation allowance
under section 20 of the pupil's district of residence, not to exceed the basic
foundation allowance under section 20 for the current fiscal year, AND THAT DISTRICT’S
PER PUPIL ALLOCATION UNDER SECTION 20J(2). This subsection applies to all of the
following pupils:
(a) Pupils described in section 53a.
(b) Pupils counted in membership in an intermediate district who are not special
education pupils and are served by the intermediate district in a juvenile detention
or child caring facility.
(c) Pupils with an emotional impairment counted in membership by an intermediate
district and provided educational services by the department of health and human
services.
(12) If it is determined that funds allocated under subsection (2) or (11) or
under section 51c will not be expended, funds up to the amount necessary and available
may be used to supplement the allocations under subsection (2) or (11) or under
section 51c in order to fully fund those allocations. After payments under subsections
(2) and (11) and section 51c, the remaining expenditures from the allocation in
subsection (1) shall be made in the following order:
(a) 100% of the reimbursement required under section 53a.
(b) 100% of the reimbursement required under subsection (6).
(c) 100% of the payment required under section 54.
(d) 100% of the payment required under subsection (3).
(e) 100% of the payments under section 56.
(13) The allocations under subsections (2), (3), and (11) shall be allocations to
intermediate districts only and shall not be allocations to districts, but instead
shall be calculations used only to determine the state payments under section 22b.
(14) If a public school academy enrolls pursuant to this section a pupil who
resides outside of the intermediate district in which the public school academy is
located and who is eligible for special education programs and services according to
statute or rule, or who is a child with disabilities, as defined under the individuals
with disabilities education act, Public Law 108-446, the provision of special
education programs and services and the payment of the added costs of special
education programs and services for the pupil are the responsibility of the district
and intermediate district in which the pupil resides unless the enrolling district or
intermediate district has a written agreement with the district or intermediate
district in which the pupil resides or the public school academy for the purpose of
providing the pupil with a free appropriate public education and the written agreement
includes at least an agreement on the responsibility for the payment of the added
costs of special education programs and services for the pupil.
(15) It is the intent of the legislature that,
beginning in 2016-2017, a
district, public school academy, or intermediate district
that fails to comply with
subsection (14) or with the requirements of federal
regulations regarding the
treatment of public school academies and public school
academy pupils for the purposes
of special education, 34 CFR 300.209, forfeits from its
total state aid an amount
equal to 10% of its total state aid.
Sec. 51c. As required by the court in the consolidated cases known as Durant v
State of Michigan, Michigan supreme court docket no. 104458-104492, from the
allocation under section 51a(1), there is allocated each
fiscal year for 2014-2015 and
for 2015-2016 the amount necessary, estimated at $597,300,000.00 $644,500,000.00 for
2014-2015 and estimated at $610,000,000.00 for 2015-2016, 2016-2017 for payments to
reimburse districts for 28.6138% of total approved costs of special education
excluding costs reimbursed under section 53a, and 70.4165% of total approved costs of
special education transportation. Funds allocated under this section that are not
expended in the state fiscal year for which they were allocated, as determined by the
department, may be used to supplement the allocations under sections 22a and 22b in
order to fully fund those calculated allocations for the same fiscal year.
Sec. 51d. (1) From the federal funds appropriated in section 11, there is
allocated for 2015-2016 2016-2017, all available federal funding, estimated at
$71,000,000.00, for special education programs and services that are funded by federal
grants. All federal funds allocated under this section shall be distributed in
accordance with federal law. Notwithstanding section 17b, payments of federal funds to
districts, intermediate districts, and other eligible entities under this section
shall be paid on a schedule determined by the department.
(2) From the federal funds allocated under subsection (1), the following amounts
are allocated for 2015-2016 2016-2017:
(a) An amount estimated at $14,000,000.00 for handicapped infants and toddlers,
funded from DED-OSERS, handicapped infants and toddlers funds.
(b) An amount estimated at $12,000,000.00 for preschool grants (Public Law 94-
142), funded from DED-OSERS, handicapped preschool incentive funds.
(c) An amount estimated at $45,000,000.00 for special education programs funded
by DED-OSERS, handicapped program, individuals with disabilities act funds.
(3) As used in this section, "DED-OSERS" means the United States Department of
Education Office of Special Education and Rehabilitative Services.
Sec. 53a. (1) For districts, reimbursement for pupils described in subsection (2)
shall be 100% of the total approved costs of operating special education programs and
services approved by the department and included in the intermediate district plan
adopted pursuant to article 3 of the revised school code, MCL 380.1701 to 380.1766,
minus the district's foundation allowance calculated under section 20 AND MINUS THE
AMOUNT CALCULATED FOR THE DISTRICT UNDER SECTION 20J. For intermediate districts,
reimbursement for pupils described in subsection (2) shall be calculated in the same
manner as for a district, using the foundation allowance under section 20 of the
pupil's district of residence, not to exceed the basic foundation allowance under
section 20 for the current fiscal year, AND UNDER SECTION 20J.
(2) Reimbursement under subsection (1) is for the following special education
pupils:
(a) Pupils assigned to a district or intermediate district through the community
placement program of the courts or a state agency, if the pupil was a resident of
another intermediate district at the time the pupil came under the jurisdiction of the
court or a state agency.
(b) Pupils who are residents of institutions operated by the department of health
and human services.
(c) Pupils who are former residents of department of community health
institutions for the developmentally disabled who are placed in community settings
other than the pupil's home.
(d) Pupils enrolled in a department-approved on-grounds educational program
longer than 180 days, but not longer than 233 days, at a residential child care
institution, if the child care institution offered in 1991-92 an on-grounds
educational program longer than 180 days but not longer than 233 days.
(e) Pupils placed in a district by a parent for the purpose of seeking a suitable
home, if the parent does not reside in the same intermediate district as the district
in which the pupil is placed.
(3) Only those costs that are clearly and directly attributable to educational
programs for pupils described in subsection (2), and that would not have been incurred
if the pupils were not being educated in a district or intermediate district, are
reimbursable under this section.
(4) The costs of transportation shall be funded under this section and shall not
be reimbursed under section 58.
(5) Not more than $10,500,000.00 of the allocation
for 2015-2016 2016-2017 in
section 51a(1) shall be allocated under this section.
Sec. 54. Each intermediate district shall receive an amount per-pupil for each
pupil in attendance at the Michigan schools for the deaf and blind. The amount shall
be proportionate to the total instructional cost at each school. Not more than
$1,688,000.00 of the allocation for 2015-2016 2016-2017 in section 51a(1) shall be
allocated under this section.
SEC. 54B. (1) From the GENERAL FUND appropriation in section 11, there is
allocated $1,370,000.00 for 2016-2017 to begin implementation of the recommendations
of the Special Education Reform Task Force published in January 2016.
(2) From the allocation in subsection (1), there is allocated $750,000.00 for the
purpose of piloting statewide implementation of the Michigan Integrated Behavior and
Learning Support Initiative (MiBLSI), a nationally-recognized program that includes
positive behavioral intervention and supports and provides a statewide structure to
support local initiatives for an integrated behavior and reading program. With the
assistance of the intermediate districts involved in MiBLSI, the department shall
identify at least 3 intermediate districts to participate in the pilot to ensure that
MiBLSI can be implemented statewide with fidelity and sustainability. In addition, the
department shall identify an intermediate district to act as a fiscal agent for these
funds.
(3) From the allocation in subsection (1), there is allocated $620,000.00 for the
purpose of providing training to intermediate districts and districts related to the
safe implementation of emergency restraints and seclusion. The department shall
develop and implement a training program that is based on the State Board of
Education’s adopted standards and any other legislation enacted by the legislature
regarding the emergency use of seclusion and restraint.
Sec. 55. (1) From the money appropriated in section 11, there is allocated an
amount not to exceed $150,000.00 for 2015-2016 2016-2017 to Michigan State University,
Department of Epidemiology, for a study of the Conductive Learning Center located at
Aquinas College. This funding shall be used to develop and implement an evaluation of
the effectiveness of conductive education for children with cerebral palsy. The
evaluation shall be multidimensional and shall include a control group of children
with cerebral palsy not enrolled in conductive education. It should include an
assessment of the motor system itself as well as the impact of conductive education on
each of the following:
(a) The acquisition of skills permitting complex motor functions.
(b) The performance of tasks essential to daily living.
(c) The attitudes and feelings of both children and parents.
(d) The long-term need for special education for children with cerebral palsy.
(2) It is the intent of the legislature that this
THIS funding is for the first
SECOND of 2 years of funding for this purpose.
Sec. 56. (1) For the purposes of this section:
(a) "Membership" means for a particular fiscal year the total membership for the
immediately preceding fiscal year of the intermediate district and the districts
constituent to the intermediate district.
(b) "Millage levied" means the millage levied for special education pursuant to
part 30 of the revised school code, MCL 380.1711 to 380.1743, including a levy for
debt service obligations.
(c) "Taxable value" means the total taxable value of the districts constituent to
an intermediate district, except that if a district has elected not to come under part
30 of the revised school code, MCL 380.1711 to 380.1743, membership and taxable value
of the district shall not be included in the membership and taxable value of the
intermediate district.
(2) From the allocation under section 51a(1), there is allocated an amount not to
exceed $37,758,100.00 for 2015-2016 2016-2017 to reimburse intermediate districts
levying millages for special education pursuant to part 30 of the revised school code,
MCL 380.1711 to 380.1743. The purpose, use, and expenditure of the reimbursement shall
be limited as if the funds were generated by these millages and governed by the
intermediate district plan adopted pursuant to article 3 of the revised school code,
MCL 380.1701 to 380.1766. As a condition of receiving funds under this section, an
intermediate district distributing any portion of special education millage funds to
its constituent districts shall submit for departmental approval and implement a
distribution plan.
(3) Reimbursement for those millages levied in 2014-2015
2015-2016 shall be made
in 2015-2016 2016-2017 at an amount per 2014-2015 2015-2016 membership pupil computed
by subtracting from $174,400.00 $179,100.00 the 2014-2015 2015-2016 taxable value
behind each membership pupil and multiplying the resulting
difference by the 2014-2015
2015-2016 millage levied.
(4) The amount paid to a single intermediate district under this section shall
not exceed 62.9% of the total amount allocated under subsection (2).
(5) The amount paid to a single intermediate district under this section shall
not be less than 75% of the amount allocated to the intermediate district under this
section for the immediately preceding fiscal year.
Sec. 61a. (1) From the appropriation in section 11, there is allocated an amount
not to exceed $36,611,300.00 for 2015-2016 2016-2017 to reimburse on an added cost
basis districts, except for a district that served as the fiscal agent for a
vocational education consortium in the 1993-94 school year, and secondary area
vocational-technical education centers for secondary-level career and technical
education programs according to rules approved by the superintendent. Applications for
participation in the programs shall be submitted in the form prescribed by the
department. The department shall determine the added cost for each career and
technical education program area. The allocation of added cost funds shall be
prioritized based on the capital and program expenditures needed to operate the career
and technical education programs provided; the number of pupils enrolled; the
advancement of pupils through the instructional program; the existence of an
articulation agreement with at least 1 postsecondary institution that provides pupils
with opportunities to earn postsecondary credit during the pupil's participation in
the career and technical education program and transfers those credits to the
postsecondary institution upon completion of the career and technical education
program; the program rank in student placement, job
openings, and wages; and the
length of the training period provided, and shall not exceed 75% of the added
cost of
any program. Notwithstanding any rule or department determination to the contrary,
when determining a district's allocation or the formula for making allocations under
this section, the department shall include the participation of pupils in grade 9 in
all of those determinations and in all portions of the formula. With the approval of
the department, the board of a district maintaining a secondary career and technical
education program may offer the program for the period from the close of the school
year until September 1. The program shall use existing facilities and shall be
operated as prescribed by rules promulgated by the superintendent.
(2) Except for a district that served as the fiscal agent for a vocational
education consortium in the 1993-94 school year, districts and intermediate districts
shall be reimbursed for local career and technical education administration, shared
time career and technical education administration, and career education planning
district career and technical education administration. The definition of what
constitutes administration and reimbursement shall be pursuant to guidelines adopted
by the superintendent. Not more than $800,000.00 of the allocation in subsection (1)
shall be distributed under this subsection.
(3) A career and technical education program funded under this section may
provide an opportunity for participants who are eligible to be funded under section
107 to enroll in the career and technical education program funded under this section
if the participation does not occur during regular school hours.
Sec. 61b. (1) From the appropriation in section 11, there is allocated an amount
not to exceed $10,000,000.00 $15,000,000.00 for 2015-2016 2016-2017
for CTE
early/middle college programs authorized under this section. The purpose of these
programs is to increase the number of Michigan residents with high-quality degrees or
credentials, and to increase the number of students who are college and career ready
upon high school graduation.
(2) From the funds allocated under subsection (1), an amount as determined under
this subsection shall be allocated to each intermediate district serving as a fiscal
agent for state-approved CTE early/middle college programs in each of the prosperity
regions and subregions identified by the department. An intermediate district shall
not use more than 5% of the funds allocated under this subsection for administrative
costs for serving as the fiscal agent.
(3) To be an eligible fiscal agent, an intermediate district must agree to do all
of the following in a form and manner determined by the department:
(a) Distribute funds to eligible CTE early/middle college programs in a
prosperity region or subregion as described in this section.
(b) Collaborate with the talent district career council that is located in the
prosperity region or subregion to develop a regional strategic plan under subsection
(4) that aligns CTE programs and services into an efficient and effective delivery
system for high school students.
(c) Implement a regional process to rank career clusters in the prosperity region
or subregion as described under subsection (4). Regional processes shall be approved
by the department before the ranking of career clusters.
(d) Report CTE early/middle college program and student data and information as
prescribed by the department.
(4) A regional strategic plan must be approved by the talent district career
council before submission to the department. A regional strategic plan shall include,
but not be limited to, the following:
(a) An identification of regional employer need based on a ranking of all career
clusters in the prosperity region or subregion ranked by 10-year job openings
projections and median wage for each standard occupational code in each career cluster
as obtained from the United States Bureau of Labor Statistics. Standard occupational
codes within high-ranking clusters also may be further ranked by median wage. The
rankings shall be reviewed by the talent district career council located in the
prosperity region or subregion and modified if necessary to accurately reflect
employer demand for talent in the prosperity region or subregion. THE REVIEW SHALL BE
DOCUMENTED AND DEEMED ACCURATE BY THE TALENT DISTRICT CAREER COUNCILS. These career
cluster rankings shall be determined and updated once every 3 years.
(b) An identification of educational entities in the prosperity region or
subregion that will provide eligible CTE early/middle college programs including
districts, intermediate districts, postsecondary institutions, and noncredit
occupational training programs leading to an industry-recognized credential.
(c) A strategy to inform parents and students of CTE early/middle college
programs in the prosperity region or subregion.
(d) Any other requirements as defined by the department.
(5) An eligible CTE early/middle college program is a 5-year high school program
that meets all of the following:
(a) Has been identified in the highest 5 career cluster rankings in any of the 10
regional strategic plans jointly approved by the Michigan talent investment agency in
the department of talent and economic development and the department.
(b) Has a coherent sequence of courses that will allow a student to earn a high
school diploma and achieve at least 1 of the following in a specific career cluster:
(i) An associate degree.
(ii) An industry-recognized technical certification approved by the Michigan
talent investment agency in the department of talent and economic development.
(iii) Up to 60 transferable college credits.
(iv) Participation in a registered apprenticeship.
(c) Is aligned with the Michigan merit curriculum.
(d) Has an articulation agreement with at least 1 postsecondary institution that
provides students with opportunities to receive postsecondary credits during the
student's participation in the CTE early/middle college program and transfers those
credits to the postsecondary institution upon completion of the CTE early/middle
college program.
(e) Provides instruction that is supervised, directed, or coordinated by an
appropriately certificated CTE teacher or, for concurrent enrollment courses, a
postsecondary faculty member.
(f) Provides for highly integrated student support services that include at least
the following:
(i) Teachers as academic advisors.
(ii) Supervised course selection.
(iii) Monitoring of student progress and completion.
(iv) Career planning services provided by a local one-stop service center as
described in the Michigan works one-stop service center system act, 2006 PA 491, MCL
408.111 to 408.135, or by a high school counselor or advisor.
(g) Has courses that are taught on a college campus, are college courses offered
at the high school and taught by college faculty, or are courses taught in combination
with online instruction.
(6) Funds to eligible CTE early/middle college programs shall be distributed as
follows:
(a) The department shall calculate statewide average
CTE costs per full-time
equated pupil for each career cluster by dividing total prior year statewide
costs for
each career cluster by prior year full-time equated
pupils for each career cluster.
(b) Distribution to each eligible CTE early/middle college program shall be the
product of 50% of CTE costs per full-time equated
pupil times the current year full-
time equated pupil enrollment of each career cluster in an eligible CTE
early/middle
college program.
(7) In order to receive funds under this section, a CTE early/middle college
program shall furnish to the intermediate district that is the fiscal agent identified
in subsection (1), in a form and manner determined by the department, all information
needed to administer this program and meet federal reporting requirements; shall allow
the department or the department's designee to review all records related to the
program for which it receives funds; and shall reimburse the state for all
disallowances found in the review, as determined by the department.
(8) Funds distributed under this section may be used to fund program expenditures
that would otherwise be paid from foundation allowances. PROGRAMS RECEIVING FUNDING
UNDER SECTION 61A MAY RECEIVE FUNDING UNDER THIS SECTION FOR ALLOWABLE COSTS THAT
EXCEED THE REIMBURSEMENT THE PROGRAM RECEIVED UNDER SECTION 61A. THE COMBINED PAYMENTS
RECEIVED BY A PROGRAM UNDER SECTION 61A AND THIS SECTION SHALL NOT EXCEED THE TOTAL
ALLOWABLE COSTS OF THE PROGRAM. A program provider shall not use more than 5% of the
funds allocated under this section to the program for administrative costs.
(9) If the allocation under subsection (1) is insufficient to fully fund payments
as otherwise calculated under this section, the department shall prorate payments
under this section on an equal percentage basis.
(10) If pupils enrolled in a career cluster in an eligible CTE early/middle
college program qualify to be reimbursed under this section, those pupils continue to
qualify for reimbursement until graduation, even if the career cluster is no longer
identified as being in the highest 5 career cluster rankings.
(11) As used in this section:
(a) "Allowable costs" means those costs directly attributable to the program as
jointly determined by the Michigan talent investment agency and the department.
(b) "CTE" means career and technical education.
(c) "Talent district career council" means an advisory council to the local
workforce development boards located in a prosperity region consisting of educational,
employer, labor, and parent representatives.
SEC. 61C. (1) FROM THE APPROPRIATION IN SECTION 11, THERE IS ALLOCATED FOR 2016-
2017 AN AMOUNT NOT TO EXCEED $10,000,000.00 TO ELIGIBLE DISTRICTS AND INTERMEDIATE
DISTRICTS FOR THE CTE SKILLED TRADES EQUIPMENT INITIATIVE.
(2) THE DEPARTMENT SHALL DEVELOP CRITERIA FOR A COMPETITIVE GRANT PROGRAM TO
IMPROVE THE CAPITAL INFRASTRUCTURE NEEDED TO ENSURE THAT CAREER AND TECHNICAL PROGRAMS
CAN DELIVER EDUCATIONAL PROGRAMS IN HIGH-WAGE, HIGH-SKILL AND HIGH-DEMAND OCCUPATIONS
BASED ON STANDARDS AND CRITERIA DEVELOPED BY MISTEM ADVISORY COUNCIL CREATED IN
SECTION 99S.
(3) AT A MINIMUM, THE DEPARTMENT SHALL CONSIDER THE FINDINGS OF THE STUDY
CONDUCTED UNDER FORMER SECTION 64C REGARDING CURRENT CAPITAL INFRASTRUCTURE AND
REGIONAL STRATEGIC PLANS APPROVED BY THE TALENT DISTRICT CAREER COUNCILS LOCATED IN A
PROSPERITY REGIONS AS DESCRIBED UNDER SECTION 61B.
(4) APPLICATIONS SHALL BE SUBMITTED IN A FORM AND MANNER APPROVED BY THE
DEPARTMENT. THE DEPARTMENT, IN COLLABORATION WITH THE MISTEM ADVISORY COUNCIL, SHALL
MAKE THE AWARDS. NO GRANT AWARD SHALL EXCEED $500,000.00.
(5) ELIGIBLE COSTS INCLUDE THE COSTS OF EQUIPMENT, RENOVATIONS RELATED TO
INSTALLATION OF THE EQUIPMENT, INSTALLATION COSTS OF THE EQUIPMENT AND TRAINING FOR
INSTRUCTORS THAT WILL BE PROVIDING INSTRUCTION USING THE EQUIPMENT.
Sec. 62. (1) For the purposes of this section:
(a) "Membership" means for a particular fiscal year the total membership for the
immediately preceding fiscal year of the intermediate district and the districts
constituent to the intermediate district or the total membership for the immediately
preceding fiscal year of the area vocational-technical program.
(b) "Millage levied" means the millage levied for area vocational-technical
education pursuant to sections 681 to 690 of the revised school code, MCL 380.681 to
380.690, including a levy for debt service obligations incurred as the result of
borrowing for capital outlay projects and in meeting capital projects fund
requirements of area vocational-technical education.
(c) "Taxable value" means the total taxable value of the districts constituent to
an intermediate district or area vocational-technical education program, except that
if a district has elected not to come under sections 681 to 690 of the revised school
code, MCL 380.681 to 380.690, the membership and taxable value of that district shall
not be included in the membership and taxable value of the intermediate district.
However, the membership and taxable value of a district that has elected not to come
under sections 681 to 690 of the revised school code, MCL 380.681 to 380.690, shall be
included in the membership and taxable value of the intermediate district if the
district meets both of the following:
(i) The district operates the area vocational-technical education program
pursuant to a contract with the intermediate district.
(ii) The district contributes an annual amount to the operation of the program
that is commensurate with the revenue that would have been raised for operation of the
program if millage were levied in the district for the program under sections 681 to
690 of the revised school code, MCL 380.681 to 380.690.
(2) From the appropriation in section 11, there is allocated an amount not to
exceed $9,190,000.00 for 2015-2016 2016-2017 to reimburse intermediate districts and
area vocational-technical education programs established under section 690(3) of the
revised school code, MCL 380.690, levying millages for area vocational-technical
education pursuant to sections 681 to 690 of the revised school code, MCL 380.681 to
380.690. The purpose, use, and expenditure of the reimbursement shall be limited as if
the funds were generated by those millages.
(3) Reimbursement for the millages levied in 2014-2015
2015-2016 shall be made in
2015-2016 2016-2017 at an amount per 2014-2015 2015-2016 membership pupil computed by
subtracting from $189,400.00 $196,100.00 the 2014-2015 2015-2016
taxable value behind
each membership pupil and multiplying the resulting
difference by the 2014-2015 2015-
2016 millage levied.
(4) The amount paid to a single intermediate district under this section shall
not exceed 38.4% of the total amount allocated under subsection (2).
(5) The amount paid to a single intermediate district under this section shall
not be less than 75% of the amount allocated to the intermediate district under this
section for the immediately preceding fiscal year.
Sec. 64b. (1) From the appropriation in section 11, there is allocated an amount
not to exceed $1,750,000.00 for 2015-2016 2016-2017 for supplemental payments to
districts that support the attendance of district pupils in grades 9 to 12 under the
postsecondary enrollment options act, 1996 PA 160, MCL 388.511 to 388.524, or under
the career and technical preparation act, 2000 PA 258, MCL 388.1901 to 388.1913,
consistent with section 21b, or that support the attendance of district pupils in a
concurrent enrollment program if the district meets the requirements under subsection
(3). Programs funded under this section are intended to increase the number of pupils
who are college- and career-ready upon high school graduation.
(2) To be eligible for payments under this section for supporting the attendance
of district pupils under the postsecondary enrollment options act, 1996 PA 160, MCL
388.511 to 388.524, or under the career and technical preparation act, 2000 PA 258,
MCL 388.1901 to 388.1913, a district shall do all of the following:
(a) Provide information to all high school pupils on postsecondary enrollment
options, including enrollment eligibility, the institutions and types of courses that
are eligible for participation, the decision-making process for granting academic
credit, and an explanation of eligible charges that will be paid by the district.
(b) Enter into a written agreement with a postsecondary institution before the
enrollment of district pupils.
(c) Agree to pay all eligible charges pursuant to section 21b.
(d) Award high school credit for the postsecondary course if the pupil
successfully completes the course.
(3) To be eligible for payments under this section for pupils enrolled in a
concurrent enrollment program, a district shall do all of the following:
(a) Provide information to all high school pupils on postsecondary enrollment
options, including enrollment eligibility, the institutions and types of courses that
are eligible for participation, the decision-making process for granting academic
credit, and an explanation of eligible charges that will be paid by the district.
(b) Enter into a written agreement with a postsecondary institution establishing
the concurrent enrollment program before the enrollment of district pupils in a
postsecondary course through the postsecondary institution.
(c) Ensure that the course is taught by either a high school teacher or
postsecondary faculty pursuant to standards established by the postsecondary
institution with which the district has entered into a written agreement to operate
the concurrent enrollment program.
(d) Ensure that the written agreement provides that the postsecondary institution
agrees not to charge the pupil for any cost of the program.
(e) Ensure that the course is taught in the local district or intermediate
district.
(f) Ensure that
the pupil is awarded both high school and college credit at any A
community college or state public university in this state upon successful completion
of the course as outlined in the agreement with the postsecondary institution.
(4) Funds shall be awarded to eligible districts under this section in the
following manner:
(a) A payment of $10.00 per credit, for up to 3 credits, for a credit-bearing
course in which a pupil enrolls during the 2015-2016
2016-2017 school year as
described under either subsection (2) or (3).
(b) An additional payment of $30.00 per-pupil per course identified in
subdivision (a), if the pupil successfully completes, and is awarded both high school
and postsecondary credit for, the course during the 2015-2016
2016-2017 school year.
(5) A district requesting payment under this section shall submit an application
to the department in the form and manner prescribed by the department. Notwithstanding
section 17b, payments under this section shall be made on a schedule determined by the
department.
Sec. 65. (1) From the general fund money appropriated under section 11, there is
allocated an amount not to exceed $340,000.00 for 2015-2016
2016-2017 for a pre-
college engineering K-12 educational program that is focused on the development of a
diverse future Michigan workforce, that serves multiple communities within southeast
Michigan, that enrolls pupils from multiple districts, and that received funds
appropriated for this purpose in the appropriations act that provided the Michigan
strategic fund budget for 2014-2015.
(2) To be eligible for funding under this section, a program must have the
ability to expose pupils to, and motivate and prepare pupils for, science, technology,
engineering, and mathematics careers and postsecondary education with special
attention given to groups of pupils who are at-risk and underrepresented in technical
professions and careers.
Sec. 67. (1) From the general fund amount appropriated in section 11, there is
allocated an amount not to exceed $3,600,000.00 $3,050,000.00 for 2015-2016 2016-2017
for college and career preparation activities. The programs funded under this section
are intended to inform students of college and career options and to provide a wide
array of tools and resources intended to increase the number of pupils who are
adequately prepared with the information needed to make informed decisions on college
and career. The funds appropriated under this section are intended to be used to
increase the number of Michigan residents with high-quality degrees or credentials.
Funds appropriated under this section shall not be used to supplant funding for
counselors already funded by districts.
(2) From the amount allocated in subsection (1), an amount not to exceed
$3,000,000.00 shall be used for the college access program. The talent investment
agency of the department of talent and economic development shall administer these
funds in collaboration with the Michigan college access network. These funds may be
used for any of the following purposes:
(a) Michigan college access network operations, programming, and services to
local college access networks.
(b) Local college access networks, which are community-based college
access/success partnerships committed to increasing the college participation and
completion rates within geographically defined communities through a coordinated
strategy.
(c) The Michigan college advising program, a program intended to place trained,
recently graduated college advisors in high schools that serve significant numbers of
low-income and first-generation college-going pupils. State funds used for this
purpose may not exceed 33% of the total funds available under this subsection.
(d) Subgrants of up to $5,000.00 to districts with comprehensive high schools
that establish a college access team and implement specific strategies to create a
college-going culture in a high school in a form and manner approved by the Michigan
college access network and the Michigan talent investment agency.
(e) The Michigan college access portal, an online one-stop portal to help pupils
and families plan and apply for college.
(f) Public awareness and outreach campaigns to encourage low-income and first-
generation college-going pupils to take necessary steps toward college and to assist
pupils and families in completing a timely and accurate free application for federal
student aid.
(g) Subgrants to postsecondary institutions to recruit, hire, and train college
student mentors and college advisors to assist high school pupils in navigating the
postsecondary planning and enrollment process.
(3) From the amount allocated in subsection (1), an amount not to exceed
$600,000.00 $50,000.00
shall be used for the
purposes of this subsection. The talent
investment agency of the department of talent and economic
development shall
administer these funds in collaboration with the Michigan
college access network and
the Michigan Virtual University to provide all of the
following:
(a) A pilot AN outreach
program to provide information to pupils, parents, and
educators on dual enrollment and other opportunities available to high school pupils
to earn postsecondary credits, industry-recognized technical certifications, and
participation in registered apprenticeships at no cost.
(b) An online career planning tool that meets all
of the following:
(i) Helps pupils create educational
development plans before starting high
school.
(ii) Provides information to pupils
allowing them to make more informed choices
about career and education options.
(iii) Is available to pupils at no cost.
(4) For the purposes of this section, "college" means any postsecondary
educational opportunity that leads to a career, including, but not limited to, a
postsecondary degree, industry-recognized technical certification, or registered
apprenticeship.
Sec. 74. (1) From the amount appropriated in section 11, there is allocated an
amount not to exceed $3,315,700.00 $3,320,600.00 for 2015-2016 2016-2017 for the
purposes of this section.
(2) From the allocation in subsection (1), there is allocated for each fiscal
year the amount necessary for payments to state supported colleges or universities and
intermediate districts providing school bus driver safety instruction pursuant to
section 51 of the pupil transportation act, 1990 PA 187, MCL 257.1851. The payments
shall be in an amount determined by the department not to exceed the actual cost of
instruction and driver compensation for each public or nonpublic school bus driver
attending a course of instruction. For the purpose of computing compensation, the
hourly rate allowed each school bus driver shall not exceed the hourly rate received
for driving a school bus. Reimbursement compensating the driver during the course of
instruction shall be made by the department to the college or university or
intermediate district providing the course of instruction.
(3) From the allocation in subsection (1), there is
allocated for 2015-2016 2016-
2017 the amount necessary to pay the reasonable costs of nonspecial education
auxiliary services transportation provided pursuant to section 1323 of the revised
school code, MCL 380.1323. Districts funded under this subsection shall not receive
funding under any other section of this article for nonspecial education auxiliary
services transportation.
(4) From the funds allocated in subsection (1), there is allocated an amount not
to exceed $1,690,700.00 $1,695,600.00 for 2015-2016 2016-2017 for reimbursement to
districts and intermediate districts for costs associated with the inspection of
school buses and pupil transportation vehicles by the department of state police as
required under section 715a of the Michigan vehicle code, 1949 PA 300, MCL 257.715a,
and section 39 of the pupil transportation act, 1990 PA 187, MCL 257.1839. The
department of state police shall prepare a statement of costs attributable to each
district for which bus inspections are provided and submit it to the department and to
an intermediate district serving as fiduciary in a time and manner determined jointly
by the department and the department of state police. Upon review and approval of the
statement of cost, the department shall forward to the designated intermediate
district serving as fiduciary the amount of the reimbursement on behalf of each
district and intermediate district for costs detailed on the statement within 45 days
after receipt of the statement. The designated intermediate district shall make
payment in the amount specified on the statement to the department of state police
within 45 days after receipt of the statement. The total reimbursement of costs under
this subsection shall not exceed the amount allocated under this subsection.
Notwithstanding section 17b, payments to eligible entities under this subsection shall
be paid on a schedule prescribed by the department.
SEC. 78. (1) FROM THE APPROPRIATION IN SECTION 11, THERE IS ALLOCATED AN AMOUNT
NOT TO EXCEED $9,000,000.00 FOR 2016-2017 FOR REIMBURSEMENTS TO ELIGIBLE DISTRICTS FOR
COSTS ASSOCIATED WITH TESTING FOR LEAD IN WATER. FUNDS APPROPRIATED UNDER THIS SECTION
ARE INTENDED TO ENSURE THAT DISTRICTS ARE PROVIDING SAFE DRINKING WATER.
(2) NOT LATER THAN APRIL 1, 2016, THE DEPARTMENT, IN COLLABORATION WITH THE
DEPARTMENT OF ENVIRONMENTAL QUALITY AND THE DEPARTMENT OF LICENSING AND REGULATORY
AFFAIRS, SHALL DEVELOP A STRATEGIC STATEWIDE PLAN FOR THE VOLUNTARY TESTING FOR LEAD
IN WATER BY DISTRICTS SERVED BY MUNICIPAL WATER SYSTEMS THAT PROVIDES CRITERIA FOR
PRIORITIZING WHAT FACILITIES, WATER PIPES AND PLUMBING FIXTURES SHOULD BE TESTED. AT A
MINIMUM, THE AGE OF THE FACILITY SHOULD BE CONSIDERED, AS WELL AS FIXTURES THAT ARE
HIGH RISK SUCH AS DRINKING FOUNTAINS, ICE MAKERS, KITCHEN TAPS OR ANY OTHER FIXTURES
THAT DELIVER WATER COMMONLY USED FOR CONSUMPTION. THE PLAN SHALL ALSO IDENTIFY THE
PROPER SAMPLING AND ANALYSIS PROTOCOLS FOR TESTING FOR LEAD IN WATER AND MEASURES FOR
REDUCING LEAD EXPOSURE AS RECOMMENDED BY THE UNITED STATES ENVIRONMENTAL PROTECTION
AGENCY.
(3) NOT LATER THAN APRIL 30, 2016, THE DEPARTMENT SHALL PROVIDE NOTICE TO ALL
DISTRICTS OF THE STRATEGIC STATEWIDE PLAN AND THE APPLICATION PROCESS FOR
REIMBURSEMENT OF VOLUNTARY TESTING FOR LEAD IN WATER.
(4) THE APPLICATION FOR REIMBURSEMENT SHALL INCLUDE THE COLLECTION OF DATA THAT,
AT A MINIMUM, ALLOWS THE DEPARTMENT TO PREPARE A REPORT TO THE GOVERNOR, THE
LEGISLATURE, THE HOUSE AND SENATE FISCAL AGENCIES, AND THE STATE BUDGET DIRECTOR NOT
LATER THAN 60 DAYS AFTER THE END OF THE STATE FISCAL YEAR CONTAINING THE FOLLOWING
INFORMATION:
(A) THE TOTAL NUMBER OF FIXTURES WITHIN THE FACILITIES OF THE DISTRICT PROVIDING
WATER FOR CONSUMPTION THAT MET THE PRIORITIZATION CRITERIA CONTAINED IN THE STATEWIDE
STRATEGIC PLAN.
(B) THE TOTAL NUMBER OF FIXTURES TESTED FOR LEAD USING THE SAMPLING AND ANALYSIS
PROTOCOLS RECOMMENDED IN THE STATEWIDE STRATEGIC PLAN.
(C) THE NUMBER OF FIXTURES TESTED THAT SHOWED ELEVATED LEVELS OF LEAD.
(D) A DESCRIPTION OF THE MEASURES IMPLEMENTED BY THE DISTRICT TO REDUCE ELEVATED
LEVELS OF LEAD.
(E) ANY FINANCIAL OR OTHER INFORMATION THAT THE DEPARTMENT DETERMINES WOULD BE
NECESSARY TO PROPERLY REIMBURSE DISTRICTS.
(F) ASSURANCE THAT THE DISTRICT HAS POSTED THE TESTING RESULTS ON ITS WEBSITE IN
A FORM AND MANNER APPROVED BY THE DEPARTMENT.
(5) NOTWITHSTANDING SECTION 17B, PAYMENTS UNDER THIS SECTION MAY BE MADE AS
DETERMINED BY THE DEPARTMENT FOR ELIGIBLE TESTING REIMBURSEMENT REQUESTS. IF ELIGIBLE
TESTING REQUESTS FOR REIMBURSEMENT EXCEED THE APPROPRIATION CONTAINED IN THIS SECTION,
THOSE REIMBURSEMENT REQUESTS SHALL BE PAID FROM FUNDING MADE AVAILABLE UNDER THIS
SECTION IN THE FOLLOWING FISCAL YEAR.
(6) AS USED IN THIS SECTION, "ELIGIBLE TESTING REIMBURSEMENT REQUEST" MEANS A
REIMBURSEMENT REQUEST FOR REASONABLE COSTS ASSOCIATED WITH WATER TESTING THAT OCCURRED
AFTER OCTOBER 1, 2015, THAT MEETS THE PRIORITIZATION CRITERIA IN THE STATEWIDE
STRATEGIC PLAN, AND THAT HAS BEEN TESTED ACCORDING TO THE SAMPLING AND ANALYSIS
PROTOCOLS CONTAINED IN THE STATEWIDE STRATEGIC PLAN.
Sec. 81. (1) From the appropriation
in section 11, there is allocated for 2015-
2016 2016-2017 to the intermediate districts the
sum necessary, but not to exceed
$67,108,000.00 $68,182,000.00 to provide state aid to
intermediate districts under
this section.
(2) From the allocation in subsection (1), there
is EXCEPT AS OTHERWISE PROVIDED
IN
THIS SECTION, THERE IS
allocated for 2015-2016 an amount not to exceed
$67,108,000.00 for allocations 2016-2017 to
each intermediate district in an amount
equal to 103.1% 101.6% of the amount allocated to the
intermediate district under this
subsection for 2014-2015 2015-2016. Funding provided under this section shall be used
to comply with requirements of this article and the revised school code that are
applicable to intermediate districts, and for which funding is not provided elsewhere
in this article, and to provide technical assistance to districts as authorized by the
intermediate school board.
(3) Intermediate districts receiving funds under subsection (2) shall collaborate
with the department to develop expanded professional development opportunities for
teachers to update and expand their knowledge and skills needed to support the
Michigan merit curriculum.
(4) From the allocation in subsection (1), there is allocated to an intermediate
district, formed by the consolidation or annexation of 2 or more intermediate
districts or the attachment of a total intermediate district to another intermediate
school district or the annexation of all of the constituent K-12 districts of a
previously existing intermediate school district which has disorganized, an additional
allotment of $3,500.00 each fiscal year for each intermediate district included in the
new intermediate district for 3 years following consolidation, annexation, or
attachment.
(5) In order to receive funding under subsection (2), an intermediate district
shall do all of the following:
(a) Demonstrate to the satisfaction of the department that the intermediate
district employs at least 1 person who is trained in pupil accounting and auditing
procedures, rules, and regulations.
(b) Demonstrate to the satisfaction of the department that the intermediate
district employs at least 1 person who is trained in rules, regulations, and district
reporting procedures for the individual-level student data that serves as the basis
for the calculation of the district and high school graduation and dropout rates.
(c) Comply with sections 1278a and 1278b of the revised school code, MCL
380.1278a and 380.1278b.
(d) Furnish data and other information required by state and federal law to the
center and the department in the form and manner specified by the center or the
department, as applicable.
(e) Comply with section 1230g of the revised school code, MCL 380.1230g.
(f) Comply with section 761 of the revised school code, MCL 380.761.
Sec. 94. (1) From the general fund appropriation in section 11, there is
allocated to the department for 2015-2016 2016-2017 an amount not to exceed
$250,000.00 for efforts to increase the number of pupils who participate and succeed
in advanced placement and international baccalaureate programs.
(2) From the funds allocated under this section, the department shall award funds
to cover all or part of the costs of advanced placement test fees or international
baccalaureate test fees AND INTERNATIONAL BACCALAUREATE REGISTRATION FEES for low-
income pupils who take an advanced placement or an international baccalaureate test.
Payments shall not exceed $20.00 per test completed, OR $150.00 PER INTERNATIONAL
BACCALAUREATE REGISTRATION FEES PER STUDENT REGISTERED.
(3) The department shall only award funds under this section if the department
determines that all of the following criteria are met:
(a) Each pupil for whom payment is made meets eligibility requirements of the
federal advanced placement test fee program under section 1701 of the no child left
behind act of 2001, Public Law 107-110 OR THE EVERY STUDENT SUCCEEDS ACT OF 2015,
PUBLIC LAW 114-95.
(b) The tests are administered by the college board, the international
baccalaureate organization, or another test provider approved by the department.
(c) The pupil for whom payment is made pays at least $5.00 toward the cost of
each test for which payment is made.
(4) The department shall establish procedures for awarding funds under this
section.
(5) Notwithstanding section 17b, payments under this section shall be made on a
schedule determined by the department.
Sec. 94a. (1) There is created within the state budget office in the department
of technology, management, and budget the center for educational performance and
information. The center shall do all of the following:
(a) Coordinate the collection of all data required by state and federal law from
districts, intermediate districts, and postsecondary institutions.
(b) Create, maintain, and enhance this state's P-20 longitudinal data system and
ensure that it meets the requirements of subsection (4).
(c) Collect data in the most efficient manner possible in order to reduce the
administrative burden on reporting entities, including, but not limited to, electronic
transcript services.
(d) Create, maintain, and enhance this state's web-based educational portal to
provide information to school leaders, teachers, researchers, and the public in
compliance with all federal and state privacy laws. Data shall include, but are not
limited to, all of the following:
(i) Data sets that link teachers to student information, allowing districts to
assess individual teacher impact on student performance and consider student growth
factors in teacher and principal evaluation systems.
(ii) Data access or, if practical, data sets, provided for regional data
warehouses that, in combination with local data, can improve teaching and learning in
the classroom.
(iii) Research-ready data sets for researchers to perform research that advances
this state's educational performance.
(e) Provide data in a useful manner to allow state and local policymakers to make
informed policy decisions.
(f) Provide public reports to the citizens of this state to allow them to assess
allocation of resources and the return on their investment in the education system of
this state.
(g) Other functions as assigned by the state budget director.
(2) Each state department, officer, or agency that collects information from
districts, intermediate districts, or postsecondary institutions as required under
state or federal law shall make arrangements with the center to ensure that the state
department, officer, or agency is in compliance with subsection (1). This subsection
does not apply to information collected by the department of treasury under the
uniform budgeting and accounting act, 1968 PA 2, MCL 141.421 to 141.440a; the revised
municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821; the school bond
qualification, approval, and loan act, 2005 PA 92, MCL 388.1921 to 388.1939; or
section 1351a of the revised school code, MCL 380.1351a.
(3) The center may enter into any interlocal agreements necessary to fulfill its
functions.
(4) The center shall ensure that the P-20 longitudinal data system required under
subsection (1)(b) meets all of the following:
(a) Includes data at the individual student level from preschool through
postsecondary education and into the workforce.
(b) Supports interoperability by using standard data structures, data formats,
and data definitions to ensure linkage and connectivity in a manner that facilitates
the exchange of data among agencies and institutions within the state and between
states.
(c) Enables the matching of individual teacher and student records so that an
individual student may be matched with those teachers providing instruction to that
student.
(d) Enables the matching of individual teachers with information about their
certification and the institutions that prepared and recommended those teachers for
state certification.
(e) Enables data to be easily generated for continuous improvement and decision-
making, including timely reporting to parents, teachers, and school leaders on student
achievement.
(f) Ensures the reasonable quality, validity, and reliability of data contained
in the system.
(g) Provides this state with the ability to meet federal and state reporting
requirements.
(h) For data elements related to preschool through grade 12 and postsecondary,
meets all of the following:
(i) Contains a unique statewide student identifier that does not permit a student
to be individually identified by users of the system, except as allowed by federal and
state law.
(ii) Contains student-level enrollment, demographic, and program participation
information.
(iii) Contains student-level information about the points at which students exit,
transfer in, transfer out, drop out, or complete education programs.
(iv) Has the capacity to communicate with higher education data systems.
(i) For data elements related to preschool through grade 12 only, meets all of
the following:
(i) Contains yearly test records of individual students for assessments approved
by DED-OESE for accountability purposes under section 1111(b) of the elementary and
secondary education act of 1965, 20 USC 6311, including information on individual
students not tested, by grade and subject.
(ii) Contains student-level transcript information, including information on
courses completed and grades earned.
(iii) Contains student-level college readiness test scores.
(j) For data elements related to postsecondary education only:
(i) Contains data that provide information regarding the extent to which
individual students transition successfully from secondary school to postsecondary
education, including, but not limited to, all of the following:
(A) Enrollment in remedial coursework.
(B) Completion of 1 year's worth of college credit applicable to a degree within
2 years of enrollment.
(ii) Contains data that provide other information determined necessary to address
alignment and adequate preparation for success in postsecondary education.
(5) From the general fund appropriation in section 11, there is allocated an
amount not to exceed $11,967,000.00 $12,173,200.00 for 2015-2016 2016-2017 to the
department of technology, management, and budget to support the operations of the
center. In addition, from the federal funds appropriated in section 11 there is
allocated for 2015-2016 2016-2017 the amount necessary, estimated at $193,500.00, to
support the operations of the center and to establish a P-20 longitudinal data system
necessary for state and federal reporting purposes. The center shall cooperate with
the department to ensure that this state is in compliance with federal law and is
maximizing opportunities for increased federal funding to improve education in this
state.
(6) From the funds allocated in subsection (5), the center may use an amount
determined by the center for competitive grants for 2015-2016
2016-2017 to support
collaborative efforts on the P-20 longitudinal data system. All of the following apply
to grants awarded under this subsection:
(a) The center shall award competitive grants to eligible intermediate districts
or a consortium of intermediate districts based on criteria established by the center.
(b) Activities funded under the grant shall support the P-20 longitudinal data
system portal and may include portal hosting, hardware and software acquisition,
maintenance, enhancements, user support and related materials, and professional
learning tools and activities aimed at improving the utility of the P-20 longitudinal
data system.
(c) An applicant that received a grant under this subsection for the immediately
preceding fiscal year shall receive priority for funding under this section. However,
after 3 fiscal years of continuous funding, an applicant is required to compete openly
with new applicants.
(7) Funds allocated under this section that are not expended in the fiscal year
in which they were allocated may be carried forward to a subsequent fiscal year and
are appropriated for the purposes for which the funds were originally allocated.
(8) The center may bill departments as necessary in order to fulfill reporting
requirements of state and federal law. The center may also enter into agreements to
supply custom data, analysis, and reporting to other principal executive departments,
state agencies, local units of government, and other individuals and organizations.
The center may receive and expend funds in addition to those authorized in subsection
(5) to cover the costs associated with salaries, benefits, supplies, materials, and
equipment necessary to provide such data, analysis, and reporting services.
(9) As used in this section:
(a) "DED-OESE" means the United States Department of Education Office of
Elementary and Secondary Education.
(b) "State education agency" means the department.
Sec. 95a. (1) The educator evaluation reserve fund is created as a separate
account within the state school aid fund.
(2) The state treasurer may receive money or
other assets from any source for
deposit into the educator evaluation reserve fund. The
state treasurer shall direct
the investment of the educator evaluation reserve fund. The
state treasurer shall
credit to the educator evaluation reserve fund interest and
earnings from the educator
evaluation reserve fund.
(3) Money in the educator evaluation reserve
fund at the close of the fiscal year
shall remain in the educator evaluation reserve fund and
shall not lapse to the state
school aid fund or to the general fund. The department
of treasury shall be the
administrator of the educator evaluation reserve fund for
auditing purposes.
(2) (4) From the appropriations
in section 11, there is allocated to the educator
evaluation reserve fund for 2014-2015 2016-2017 an amount not to exceed $12,100,000.00
$10,000,000.00.
from the state
school aid fund and an amount not to exceed
$2,700,000.00 from the general fund. Subject to subsections
(5) and (6), the THE
department shall expend the money in the educator evaluation reserve fund for
implementing evaluation systems for public school teachers and school administrators.
PROGRAMS FUNDED UNDER THIS SECTION ARE INTENDED TO IMPROVE TEACHER QUALITY, RESULTING
IN AN INCREASE IN THE NUMBER OF PUPILS WHO ARE COLLEGE- AND CAREER-READY UPON HIGH
SCHOOL GRADUATION.
(5) Funds in the educator evaluation reserve fund
shall not be expended unless
the state budget office has approved the department's
spending plan.
Sec. 98. (1) From the general fund money appropriated in section 11, there is
allocated an amount not to exceed $7,387,500.00 for 2015-2016
2016-2017 for the
purposes described in this section.
(2) The Michigan Virtual University shall operate the Michigan Virtual Learning
Research Institute. The Michigan Virtual Learning Research Institute shall do all of
the following:
(a) Support and accelerate innovation in education through the following
activities:
(i) Test, evaluate, and recommend as appropriate new technology-based
instructional tools and resources.
(ii) Research, design, and recommend digital
VIRTUAL education delivery models
for use by pupils and teachers that include age-appropriate multimedia instructional
content.
(iii) Research, develop, and recommend annually to the department criteria by
which cyber schools and online VIRTUAL course providers should be monitored and
evaluated to ensure a quality education for their pupils.
(iv) Based on pupil completion and performance data reported to the department or
the center for educational performance and information from cyber schools and other
online VIRTUAL course providers operating in this
state, analyze the effectiveness of
online VIRTUAL learning delivery models in
preparing pupils to be college- and career-
ready and publish a report that highlights enrollment totals, completion rates, and
the overall impact on pupils. The report shall be submitted to the house and senate
appropriations subcommittees on state school aid, the state budget director, the house
and senate fiscal agencies, and the department not later
than March 31, 2016 2017.
(v) Before August 31, 2016 2017, provide an extensive professional development
program to at least 500 educational personnel, including teachers, school
administrators, and school board members, that focuses on the effective integration of
digital VIRTUAL learning into curricula and
instruction. Not later than December 1,
2016 2017, the Michigan Virtual Learning
Research Institute shall submit a report to
the house and senate appropriations subcommittees on state school aid, the state
budget director, the house and senate fiscal agencies, and the department on the
number and percentage of teachers, school administrators, and school board members who
have received professional development services from the Michigan Virtual University.
The report shall also identify barriers and other opportunities to encourage the
adoption of digital VIRTUAL learning
in the public education system.
(vi) Identify and share best practices for planning, implementing, and evaluating
online VIRTUAL and blended education delivery
models with intermediate districts,
districts, and public school academies to accelerate the adoption of innovative
education delivery models statewide.
(b) Provide leadership for this state's system of digital
VIRTUAL learning
education by doing the following activities:
(i) Develop and report policy recommendations to the governor and the legislature
that accelerate the expansion of effective online VIRTUAL learning in this state's
schools.
(ii) Provide a clearinghouse for research reports, academic studies, evaluations,
and other information related to online VIRTUAL learning.
(iii) Promote and distribute the most current instructional design standards and
guidelines for online VIRTUAL teaching.
(iv) In collaboration with the department and interested colleges and
universities in this state, support implementation and improvements related to
effective digital
VIRTUAL learning
instruction.
(v) Pursue public/private partnerships that include districts to study and
implement competency-based technology-rich online VIRTUAL learning models.
(vi) Create a statewide network of school-based mentors serving as liaisons
between pupils, online VIRTUAL instructors, parents, and school staff and provide
mentors with research-based training and technical assistance designed to help more
pupils be successful online VIRTUAL learners.
(vii) Convene focus groups and conduct annual surveys of teachers,
administrators, pupils, parents, and others to identify barriers and opportunities
related to online VIRTUAL learning.
(viii) Produce an annual consumer awareness report for schools and parents about
effective online VIRTUAL education providers and education
delivery models,
performance data, cost structures, and research trends.
(ix) Research and establish an Internet-based platform that educators can use to
create student-centric learning tools and resources and facilitate a user network that
assists educators in using the platform. As part of this initiative, the Michigan
Virtual University shall work collaboratively with districts and intermediate
districts to establish a plan to make available online
VIRTUAL resources that align to
Michigan's K-12 curriculum standards for use by students, educators, and parents.
(x) Create and maintain a public statewide
catalog of online VIRTUAL learning
courses being offered by all public schools and community colleges in this state. The
Michigan Virtual Learning Research Institute shall identify and develop a list of
nationally recognized best practices for online VIRTUAL learning and use this list to
support reviews of online VIRTUAL course vendors, courses, and instructional
practices. The Michigan Virtual Learning Research Institute shall also provide a
mechanism for intermediate districts to use the identified best practices to review
content offered by constituent districts. The Michigan Virtual Learning Research
Institute shall review the online VIRTUAL course offerings of the Michigan Virtual
University, and make the results from these reviews available to the public as part of
the statewide catalog. The Michigan Virtual Learning Research Institute shall ensure
that the statewide catalog is made available to the public on the Michigan Virtual
University website and shall allow the ability to link it to each district's website
as provided for in section 21f. The statewide catalog shall also contain all of the
following:
(A) The number of enrollments in each online VIRTUAL course in the immediately
preceding school year.
(B) The number of enrollments that earned 60% or more of the total course points
for each online VIRTUAL
course in the
immediately preceding school year.
(C) The completion rate for each online VIRTUAL course.
(xi) Develop prototype and pilot registration, payment services, and transcript
functionality to the statewide catalog and train key stakeholders on how to use new
features.
(xii) Collaborate with key stakeholders to examine district level accountability
and teacher effectiveness issues related to online VIRTUAL learning under section 21f
and make findings and recommendations publicly available.
(3) To further enhance its expertise and leadership
in digital VIRTUAL learning,
the Michigan Virtual University shall continue to operate the Michigan Virtual School
as a statewide laboratory and quality model of instruction
by implementing online
VIRTUAL and blended learning solutions for Michigan schools in accordance with the
following parameters:
(a) The Michigan Virtual School must maintain its accreditation status from
recognized national and international accrediting entities.
(b) The Michigan Virtual University shall use no more than $1,000,000.00 of the
amount allocated under this section to subsidize the cost
paid by districts for online
VIRTUAL courses.
(c) In providing educators responsible for the
teaching of online VIRTUAL courses
as provided for in this section, the Michigan Virtual School shall follow the
requirements to request and assess, and the department of state police shall provide,
a criminal history check and criminal records check under sections 1230 and 1230a of
the revised school code, MCL 380.1230 and 380.1230a, in the same manner as if the
Michigan Virtual School were a school district under those sections.
(4) If the course offerings are included in the
statewide catalog of online
VIRTUAL courses under subsection (2)(b)(ix), the Michigan Virtual School operated by
the Michigan Virtual University may offer online VIRTUAL course offerings, including,
but not limited to, all of the following:
(a) Information technology courses.
(b) College level equivalent courses, as defined in section 1471 of the revised
school code, MCL 380.1471.
(c) Courses and dual enrollment opportunities.
(d) Programs and services for at-risk pupils.
(e) General education development test preparation courses for adjudicated youth.
(f) Special interest courses.
(g) Professional development programs for teachers, school administrators, other
school employees, and school board members.
(5) If a home-schooled or nonpublic school student is a resident of a district
that subscribes to services provided by the Michigan Virtual School, the student may
use the services provided by the Michigan Virtual School to the district without
charge to the student beyond what is charged to a district pupil using the same
services.
(6) Not later than December 1 of each fiscal year, the Michigan Virtual
University shall provide a report to the house and senate appropriations subcommittees
on state school aid, the state budget director, the house and senate fiscal agencies,
and the department that includes at least all of the following information related to
the Michigan Virtual School for the preceding state fiscal year:
(a) A list of the districts served by the Michigan Virtual School.
(b) A list of online VIRTUAL course titles available to districts.
(c) The total number of online VIRTUAL course enrollments and information on
registrations and completions by course.
(d) The overall course completion rate percentage.
(7) The governor may appoint an advisory group for the Michigan Virtual Learning
Research Institute established under subsection (2). The members of the advisory group
shall serve at the pleasure of the governor and shall serve without compensation. The
purpose of the advisory group is to make recommendations to the governor, the
legislature, and the president and board of the Michigan Virtual University that will
accelerate innovation in this state's education system in a manner that will prepare
elementary and secondary students to be career and college ready and that will promote
the goal of increasing the percentage of citizens of this state with high-quality
degrees and credentials to at least 60% by 2025.
(8) Not later than November 1, 2015 2016, the Michigan Virtual University shall
submit to the house and senate appropriations subcommittees on state school aid, the
state budget director, and the house and senate fiscal agencies a detailed budget for
the 2015-2016 2016-2017 fiscal year that includes a
breakdown on its projected costs
to deliver online VIRTUAL educational
services to districts and a summary of the
anticipated fees to be paid by districts for those services. Not later than March 1
each year, the Michigan Virtual University shall submit to the house and senate
appropriations subcommittees on state school aid, the state budget director, and the
house and senate fiscal agencies a breakdown on its actual
costs to deliver online
VIRTUAL educational services to districts and a summary of the actual fees paid by
districts for those services based on audited financial statements for the immediately
preceding fiscal year.
(9) As used in this section:
(a) "Blended learning" means a hybrid instructional delivery model where pupils
are provided content, instruction, and assessment, in part at a supervised educational
facility away from home where the pupil and a teacher with a valid Michigan teaching
certificate are in the same physical location and in part through Internet-connected
learning environments with some degree of pupil control over time, location, and pace
of instruction.
(b) "Cyber school" means a full-time
instructional program of online VIRTUAL
courses for pupils that may or may not require attendance at a physical school
location.
(c) "Digital learning" means
instruction delivered via a web-based educational
delivery system that uses various information technologies
to provide a structured
learning environment, including online and blended learning
instructional methods.
(C)(d) "Online course" "VIRTUAL
COURSE" means a
course of study that is capable
of generating a credit or a grade, that is provided in an
interactive Internet-
connected learning environment WHERE
THE MAJORITY OF THE CURRICULUM IS DELIVERED USING
THE
INTERNET AND , in which pupils are separated from
their INSTRUCTOR OR TEACHER OF
RECORD
teachers by time or location, or both., and in which a teacher who holds a
valid Michigan teaching certificate is responsible for
providing instruction,
determining appropriate instructional methods for each
pupil, diagnosing learning
needs, assessing pupil learning, prescribing intervention
strategies, reporting
outcomes, and evaluating the effects of instruction and
support strategies.
Sec. 99h. (1) From the appropriation in section 11, there is allocated an amount
not to exceed $2,000,000.00 $2,500,000.00 for 2015-2016 2016-2017 for competitive
grants to districts that provide pupils in grades 7 to 12 with expanded opportunities
to improve mathematics, science, and technology skills by participating in events
hosted by a science and technology development program known as FIRST (for inspiration
and recognition of science and technology) robotics. PROGRAMS FUNDED UNDER THIS
SECTION ARE INTENDED TO INCREASE THE NUMBER OF PUPILS DEMONSTRATING PROFICIENCY IN
SCIENCE AND MATHEMATICS ON THE STATE ASSESSMENTS AND TO INCREASE THE NUMBER OF PUPILS
WHO ARE COLLEGE- AND CAREER-READY UPON HIGH SCHOOL GRADUATION.
(2) A district applying for a FIRST tech challenge or FIRST robotics competition
program grant shall submit an application in a form and manner determined by the
department. To be eligible for a grant, a district shall demonstrate in its
application that the district has established a partnership for the purposes of the
FIRST program with at least 1 sponsor, business entity, higher education institution,
or technical school, shall submit a spending plan, and shall pay at least 25% of the
cost of the FIRST robotics program.
(3) The department shall distribute the grant funding under this section for the
following purposes:
(a) Grants to districts to pay for stipends of $1,500.00 for 1 coach per team,
distributed as follows:
(i) Not more than 500 stipends for coaches of high school teams, including
existing teams.
(ii) Not more than 100 stipends for coaches of middle school or junior high
teams, including existing teams.
(iii) If the requests for stipends exceed the numbers of stipends allowed under
subparagraphs (i) and (ii), and if there is funding remaining unspent under
subdivisions (b) and (c), the department shall use that remaining unspent funding for
grants to districts to pay for additional stipends in a manner that expands the
geographical distribution of teams.
(b) Grants to districts for event registrations, materials, travel costs, and
other expenses associated with the preparation for and attendance at FIRST tech
challenge and FIRST robotics competitions. Each grant recipient shall provide a local
match from other private or local funds for the funds received under this subdivision
equal to at least 50% of the costs of participating in an event. The department shall
set maximum grant amounts under this subdivision in a manner that maximizes the number
of teams that will be able to receive funding.
(c) Grants to districts for awards to teams that advance to the state and world
championship competitions. The department shall determine an equal amount per team for
those teams that advance to the state championship and a second equal award amount to
those teams that advance to the world championship.
(4) The funds allocated under this section are a work project appropriation, and
any unexpended funds for 2015-2016 2016-2017 are carried forward into 2016-2017 2017-
2018. The purpose of the work project is to continue to implement the projects
described under subsection (1). The estimated completion date of the work project is
September 30, 2018 2019.
Sec. 99s. (1) From the funds appropriated under section 11, there is allocated
for 2015-2016 2016-2017 an amount not to exceed $3,250,000.00
$2,750,000.00 from the
state school aid fund appropriation and an amount not to
exceed $775,000.00
$2,525,000.00 from the general fund appropriation for Michigan science, technology,
engineering, and mathematics (MiSTEM) programs. In addition, from the federal funds
appropriated in section 11, there is allocated for 2015-2016
2016-2017 an amount
estimated at $5,249,300.00 from DED-OESE, title II, mathematics and science
partnership grants. PROGRAMS FUNDED UNDER THIS SECTION ARE INTENDED TO INCREASE THE
NUMBER OF PUPILS DEMONSTRATING PROFICIENCY IN SCIENCE AND MATHEMATICS ON THE STATE
ASSESSMENTS AND TO INCREASE THE NUMBER OF PUPILS WHO ARE COLLEGE- AND CAREER-READY
UPON HIGH SCHOOL GRADUATION.
(2) From the general fund allocation in subsection (1), there is allocated an
amount not to exceed $50,000.00 to the department for administrative and travel costs
related to the MiSTEM advisory council. All of the following apply to the MiSTEM
advisory council funded under this subsection:
(a) The MiSTEM advisory council is created. The MiSTEM advisory council shall
provide to the governor, legislature, department of talent and economic development,
and department recommendations designed to improve and promote innovation in STEM
education and TO prepare students for careers in science, technology, engineering, and
mathematics.
(b) The MiSTEM advisory council created under subdivision (a) shall consist of
the following members:
(i) The governor shall appoint 11 voting members who are representative of
business sectors that are important to Michigan's economy and rely on a STEM-educated
workforce, nonprofit organizations and associations that promote STEM education, K-12
and postsecondary education entities involved in STEM-related career education, or
other sectors as considered appropriate by the governor. Each of these members shall
serve at the pleasure of the governor and for a term determined by the governor.
(ii) The senate majority leader shall appoint 2 members of the senate to serve as
nonvoting, ex-officio members of the MiSTEM advisory council, including 1 majority
party member and 1 minority party member.
(iii) The speaker of the house of representatives shall appoint 2 members of the
house of representatives to serve as nonvoting, ex-officio members of the MiSTEM
advisory council, including 1 majority party member and 1 minority party member.
(c) Each member of the MiSTEM advisory council shall serve without compensation.
(d) The MiSTEM advisory council shall recommend a statewide strategy for
delivering STEM education-related opportunities to pupils and objective criteria for
determining preferred STEM programs TO THE GOVERNOR, THE LEGISLATURE AND THE
DEPARTMENT NOT LATER THAN MARCH 1, 2016.
(E)The MiSTEM advisory council also
shall make funding recommendations to the
governor, legislature, and department for FROM THE GENERAL FUND ALLOCATION IN
SUBSECTION (1). THERE IS ALLOCATED $2,475,000.00 FOR THE PURPOSE OF funding programs
under this section for 2016-2017 AS RECOMMENDED BY THE MISTEM ADVISORY COUNCIL TO THE
GOVERNOR, THE LEGISLATURE AND THE DEPARTMENT not later than March 1, 2016, including,
but not limited to, recommendations concerning funding for the STEM programs funded
under this section for 2015-2016,and. BEGINNING IN 2017-2018, THE MISTEM ADVISORY
COUNCIL shall continue to make SUBMIT ITS funding recommendations TO
THE GOVERNOR, THE
LEGISLATURE, AND THE DEPARTMENT NO LATER THAN DECEMBER 15 annually thereafter.
(F) IF THE MISTEM ADVISORY COUNCIL IS UNABLE TO MAKE SPECIFIC FUNDING
RECOMMENDATIONS BY MARCH 1, 2016 FOR 2016-2017, THE DEPARTMENT SHALL DISTRIBUTE THE
FUNDS IN SUBDIVISION (E) ON A COMPETITIVE GRANT BASIS THAT AT LEAST FOLLOWS THE
QUALITY GUIDELINES AND PRIORITY AREAS RECOMMENDED BY THE MISTEM ADVISORY COUNCIL. EACH
GRANT SHALL NOT EXCEED $250,000.00 AND MUST PROVIDE STEM EDUCATION-RELATED
OPPORTUNITIES FOR PUPILS.
(G)
(e) The MiSTEM advisory council shall
work with directors of mathematics and
science centers funded under subsection (3) to connect educators with businesses,
workforce developers, economic developers, community colleges, and universities.
(3) From the state school aid fund allocation under subsection (1), there is
allocated for 2015-2016 2016-2017 an amount not to exceed $2,750,000.00 to support the
activities and programs of mathematics and science centers. In addition, from the
federal funds allocated under subsection (1), there is
allocated for 2015-2016 2016-
2017 an amount estimated at $5,249,300.00 from DED-OESE, title II, mathematics and
science partnership grants, for the purposes of this subsection. All of the following
apply to the programs and funding under this subsection:
(a) Within a service area designated locally, approved by the department, and
consistent with the comprehensive master plan for mathematics and science centers
developed by the department and approved by the state board, an established
mathematics and science center shall provide 2 or more of the following 6 basic
services, as described in the master plan, to constituent districts and communities:
leadership, pupil services, curriculum support, community involvement, professional
development, and resource clearinghouse services.
(b) The department shall not award a state grant under this subsection to more
than 1 mathematics and science center located in a designated region as prescribed in
the 2007 master plan unless each of the grants serves a distinct target population or
provides a service that does not duplicate another program in the designated region.
(c) As part of the technical assistance process, the department shall provide
minimum standard guidelines that may be used by the mathematics and science center for
providing fair access for qualified pupils and professional staff as prescribed in
this subsection.
(d) Allocations under this subsection to support the activities and programs of
mathematics and science centers shall be continuing support grants to all 33
established mathematics and science centers. For 2015-2016
2016-2017, each established
mathematics and science center that was funded for
2014-2015 under former section 99
shall receive state funding in an amount equal to 100% of the amount it was allocated
under former section 99 for 2014-2015 IN
2015-2016. If a center
declines state funding
or a center closes, the remaining money available under this subsection shall be
distributed to the remaining centers, as determined by the department.
(e) From the funds allocated under this subsection, the department shall
distribute for 2015-2016 2016-2017 an amount not to exceed $750,000.00 in a form and
manner determined by the department to those centers able to provide curriculum and
professional development support to assist districts in implementing the Michigan
merit curriculum components for mathematics and science. Funding under this
subdivision is in addition to funding allocated under subdivision (d).
(f) In order to receive state or federal funds under this subsection, a grant
recipient shall allow access for the department or the department's designee to audit
all records related to the program for which it receives those funds. The grant
recipient shall reimburse the state for all disallowances found in the audit.
(g) Not later than September 30, 2018 2017, the department shall reevaluate and
update WORK WITH THE MISTEM ADVISORY
COUNCIL TO REVISE the
comprehensive master plan
described in subdivision (a) TO ENSURE THAT THE COMPREHENSIVE MASTER PLAN IS IN
COMPLIANCE WITH THE STATEWIDE STRATEGY DEVELOPED BY THE COUNCIL UNDER SUBSECTION
(2)(D).
(h) The department shall give preference in awarding the federal grants allocated
under this subsection to eligible existing mathematics and science centers.
(i) In order to receive state funds under this subsection, a grant recipient
shall provide at least a 10% local match from local public or private resources for
the funds received under this subsection.
(j) Not later than July 1 of each year, a mathematics and science center that
receives funds under this subsection shall report to the department in a form and
manner prescribed by the department on the following performance measures:
(i) Statistical change in pre- and post-assessment scores for students who
enrolled in mathematics and science activities provided to districts by the
mathematics and science center.
(ii) Statistical change in pre- and post-assessment scores for teachers who
enrolled in professional development activities provided by the mathematics and
science center.
(k) As used in this subsection:
(i) "DED" means the United States Department of Education.
(ii) "DED-OESE" means the DED Office of Elementary and Secondary Education.
(4) From the general fund money allocated under
subsection (1), there is
allocated for 2015-2016 an amount not to exceed $100,000.00
to the Michigan STEM
partnership, to be used to administer the grant process
under this subsection. From
the general fund money allocated in subsection (1), there
is allocated for 2015-2016
an amount not to exceed $375,000.00 to the Michigan STEM
partnership to be used for a
competitive grant process to award competitive grants to
organizations conducting
student-focused, project-based programs and competitions,
either in the classroom or
extracurricular, in science, technology, engineering, and
mathematics subjects such
as, but not limited to, robotics, coding, and
design-build-test projects, from pre-
kindergarten through college level. All of the following
apply to the grant funding
under this subsection:
(a) Funding under this subsection is in addition
to funding allocated under
subsection (3) and shall be used for connecting mathematics
and science centers for
science, technology, engineering, and mathematics purposes
and to support the goals of
the Michigan STEM partnership.
(b) A program receiving funds under section 99h
may not receive funds under this
subsection.
(c) In order to receive state funds under this
subsection, a grant recipient
shall provide at least a 10% local match from local public
or private resources for
the funds received under this subsection.
(5) From the funds allocated under subsection
(1), there is allocated an amount
not to exceed $250,000.00 for 2015-2016 only for grants to
districts to support
professional development for teachers in a
department-approved training program for
science, technology, engineering, and mathematics (STEM)
instruction. All of the
following apply to the grant funding under this subsection:
(a) Any district may apply for funding under this
subsection for 2015-2016 by a
date determined by the department. In awarding grants, the
department shall give
priority, in a form and manner determined by the
department, to applicant districts
with teachers who have not previously received training in
programs funded under this
subsection or former section 99b.
(b) For a training program to be approved by the
department for the purposes of
this subsection, the program shall meet all of the
following criteria:
(i) Utilize an integrative STEM approach
to content organization and delivery.
The integrative STEM approach shall include content derived
from science, technology,
engineering, and mathematics.
(ii) Offer evidence that the program
outcomes address mathematics, science, and
technological literacy standards in an exploratory middle
school or high school
offering.
(iii) Offer evidence that the program
positively influences student career
choices along STEM career paths and increases student
engagement through peer-reviewed
research.
(iv) Present evidence of the periodic
updating of the curriculum.
(v) Utilize outcome measures for teacher
professional development.
(vi) Provide peer-reviewed evidence that
the program is effective with
disadvantaged students and those with language barriers.
(c) The department shall award grants to
districts in an amount determined by the
department, but not to exceed $3,200.00 per participant.
(d) A district receiving funds under this
subsection shall use the funds only for
department-approved training programs under this
subsection.
(6) From the allocations under subsection (1),
there is allocated an amount not
to exceed $250,000.00 for 2015-2016 only for competitive
grants to districts that
provide pupils in grades K to 12 with expanded
opportunities in science education and
skills by participating in events and competitions hosted
by Science Olympiad. All of
the following apply to the grant funding under this
subsection:
(a) A district applying for a grant under this
subsection shall submit an
application in the form and manner determined by the
department not later than
November 15, 2015. The department shall select districts
for grants and make
notification not later than December 15, 2015. To be
eligible for a grant, a district
shall pay at least 25% of the cost of participating in the
Science Olympiad program.
(b) The department shall distribute the grant
funding allocated under this
subsection for the following purposes:
(i) Grants to districts of up to $800.00
for new elementary teams.
(ii) Grants to districts of up to $400.00
for established elementary teams.
(iii) Grants to districts of up to
$1,600.00 for new secondary teams.
(iv) Grants to districts of up to $800.00
for established secondary teams.
(7) From the general fund allocation under
subsection (1), there is allocated an
amount not to exceed $250,000.00 for 2015-2016 only for a
grant to the Van Andel
Education Institute for the purposes of advancing and
promoting science education and
increasing the number of students who choose to pursue
careers in science or science-
related fields. Funds allocated under this subsection shall
be used to provide
professional development for science teachers in using
student-driven, inquiry-based
instruction.
Sec. 101. (1) To be eligible to receive state aid under this article, not later
than the fifth Wednesday after the pupil membership count day and not later than the
fifth Wednesday after the supplemental count day, each district superintendent shall
submit to the center and the intermediate superintendent, in the form and manner
prescribed by the center, the number of pupils enrolled and in regular daily
attendance in the district as of the pupil membership count day and as of the
supplemental count day, as applicable, for the current school year. In addition, a
district maintaining school during the entire year, as provided under section 1561 of
the revised school code, MCL 380.1561, shall submit to the center and the intermediate
superintendent, in the form and manner prescribed by the center, the number of pupils
enrolled and in regular daily attendance in the district for the current school year
pursuant to rules promulgated by the superintendent. Not later than the sixth
Wednesday after the pupil membership count day and not later than the sixth Wednesday
after the supplemental count day, the district shall certify the data in a form and
manner prescribed by the center and file the certified data with the intermediate
superintendent. If a district fails to submit and certify the attendance data, as
required under this subsection, the center shall notify the department and state aid
due to be distributed under this article shall be withheld from the defaulting
district immediately, beginning with the next payment after the failure and continuing
with each payment until the district complies with this subsection. If a district does
not comply with this subsection by the end of the fiscal year, the district forfeits
the amount withheld. A person who willfully falsifies a figure or statement in the
certified and sworn copy of enrollment shall be punished in the manner prescribed by
section 161.
(2) To be eligible to receive state aid under this article, not later than the
twenty-fourth Wednesday after the pupil membership count day and not later than the
twenty-fourth Wednesday after the supplemental count day, an intermediate district
shall submit to the center, in a form and manner prescribed by the center, the audited
enrollment and attendance data for the pupils of its constituent districts and of the
intermediate district. If an intermediate district fails to submit the audited data as
required under this subsection, state aid due to be distributed under this article
shall be withheld from the defaulting intermediate district immediately, beginning
with the next payment after the failure and continuing with each payment until the
intermediate district complies with this subsection. If an intermediate district does
not comply with this subsection by the end of the fiscal year, the intermediate
district forfeits the amount withheld.
(3) Except as otherwise provided in subsections (11) and (12), all of the
following apply to the provision of pupil instruction:
(a) Except as otherwise provided in this section, each district shall provide at
least 1,098 hours and, beginning in 2010-2011, the required minimum number of days of
pupil instruction. Beginning in 2014-2015, the required minimum number of days of
pupil instruction is 175. However, all of the following apply to these requirements:
(i) If a collective bargaining agreement that provides a complete school calendar
was in effect for employees of a district as of July 1, 2013, and if that school
calendar is not in compliance with this subsection, then this subsection does not
apply to that district until after the expiration of that collective bargaining
agreement. If a district entered into a collective bargaining agreement on or after
July 1, 2013 and if that collective bargaining agreement did not provide for at least
175 days of pupil instruction beginning in 2014-2015, then the department shall
withhold from the district's total state school aid an amount equal to 5% of the
funding the district receives in 2014-2015 under sections 22a and 22b.
(ii) A district may apply for a waiver under subsection (9) from the requirements
of this subdivision.
(b) Beginning in 2016-2017, the required minimum number of days of pupil
instruction is 180. If a collective bargaining agreement that provides a complete
school calendar was in effect for employees of a district as of the effective date of
the amendatory act that added this subdivision, and if that school calendar is not in
compliance with this subdivision, then this subdivision does not apply to that
district until after the expiration of that collective bargaining agreement. A
district may apply for a waiver under subsection (9) from the requirements of this
subdivision.
(c) Except as otherwise provided in this article, a district failing to comply
with the required minimum hours and days of pupil instruction under this subsection
shall forfeit from its total state aid allocation an amount determined by applying a
ratio of the number of hours or days the district was in noncompliance in relation to
the required minimum number of hours and days under this subsection. Not later than
August 1, the board of each district shall EITHER certify to the department THAT THE
DISTRICT WAS IN FULL COMPLIANCE WITH THIS SECTION REGARDING the number of hours and
days of pupil instruction in the previous school year OR REPORT TO THE DEPARTMENT EACH
INSTANCE OF NONCOMPLIANCE IN A FORM AND MANNER PRESCRIBED THE CENTER. If the district
did not provide at least the required minimum number of hours and days of pupil
instruction under this subsection, the deduction of state aid shall be made in the
following fiscal year from the first payment of state school aid. A district is not
subject to forfeiture of funds under this subsection for a fiscal year in which a
forfeiture was already imposed under subsection (6).
(d) Hours or days lost because of strikes or teachers' conferences shall not be
counted as hours or days of pupil instruction.
(e) If a collective bargaining agreement that provides a complete school calendar
is in effect for employees of a district as of October 19, 2009, and if that school
calendar is not in compliance with this subsection, then this subsection does not
apply to that district until after the expiration of that collective bargaining
agreement.
(f) Except as otherwise provided in subdivisions (g) and (h), a district not
having at least 75% of the district's membership in attendance on any day of pupil
instruction shall receive state aid in that proportion of 1/180 that the actual
percent of attendance bears to the specified percentage.
(g) If a district adds 1 or more days of pupil instruction to the end of its
instructional calendar for a school year to comply with subdivision (a) because the
district otherwise would fail to provide the required minimum number of days of pupil
instruction even after the operation of subsection (4) due to conditions not within
the control of school authorities, then subdivision (f) does not apply for any day of
pupil instruction that is added to the end of the instructional calendar. Instead, for
any of those days, if the district does not have at least 60% of the district's
membership in attendance on that day, the district shall receive state aid in that
proportion of 1/180 that the actual percentage of attendance bears to the specified
percentage. For any day of pupil instruction added to the instructional calendar as
described in this subdivision, the district shall report to the department the
percentage of the district's membership that is in attendance, in the form and manner
prescribed by the department.
(h) At the request of a district that operates a department-approved alternative
education program and that does not provide instruction for pupils in all of grades K
to 12, the superintendent shall grant a waiver from the requirements of subdivision
(f). The waiver shall indicate that an eligible district is subject to the proration
provisions of subdivision (f) only if the district does not have at least 50% of the
district's membership in attendance on any day of pupil instruction. In order to be
eligible for this waiver, a district must maintain records to substantiate its
compliance with the following requirements:
(i) The district offers the minimum hours of pupil instruction as required under
this section.
(ii) For each enrolled pupil, the district uses appropriate academic assessments
to develop an individual education plan that leads to a high school diploma.
(iii) The district tests each pupil to determine academic progress at regular
intervals and records the results of those tests in that pupil's individual education
plan.
(i) All of the following apply to a waiver granted under subdivision (h):
(i) If the waiver is for a blended model of delivery, a waiver that is granted
for the 2011-2012 fiscal year or a subsequent fiscal year remains in effect unless it
is revoked by the superintendent.
(ii) If the waiver is for a 100% online model of delivery and the educational
program for which the waiver is granted makes educational services available to pupils
for a minimum of at least 1,098 hours during a school year and ensures that each pupil
participates in the educational program for at least 1,098 hours during a school year,
a waiver that is granted for the 2011-2012 fiscal year or a subsequent fiscal year
remains in effect unless it is revoked by the superintendent.
(iii) A waiver that is not a waiver described in subparagraph (i) or (ii) is
valid for 1 fiscal year and must be renewed annually to remain in effect.
(j) The superintendent shall promulgate rules for the implementation of this
subsection.
(4) Except as otherwise provided in this subsection, the first 6 days or the
equivalent number of hours for which pupil instruction is not provided because of
conditions not within the control of school authorities, such as severe storms, fires,
epidemics, utility power unavailability, water or sewer failure, or health conditions
as defined by the city, county, or state health authorities, shall be counted as hours
and days of pupil instruction. With the approval of the superintendent of public
instruction, the department shall count as hours and days of pupil instruction for a
fiscal year not more than 3 additional days or the equivalent number of additional
hours for which pupil instruction is not provided in a district due to unusual and
extenuating occurrences resulting from conditions not within the control of school
authorities such as those conditions described in this subsection. Subsequent such
hours or days shall not be counted as hours or days of pupil instruction.
(5) A district shall not forfeit part of its state aid appropriation because it
adopts or has in existence an alternative scheduling program for pupils in
kindergarten if the program provides at least the number of hours required under
subsection (3) for a full-time equated membership for a pupil in kindergarten as
provided under section 6(4).
(6) In addition to any other penalty or forfeiture under this section, if at any
time the department determines that 1 or more of the following have occurred in a
district, the district shall forfeit in the current fiscal year beginning in the next
payment to be calculated by the department a proportion of the funds due to the
district under this article that is equal to the proportion below the required minimum
number of hours and days of pupil instruction under subsection (3), as specified in
the following:
(a) The district fails to operate its schools for at least the required minimum
number of hours and days of pupil instruction under subsection (3) in a school year,
including hours and days counted under subsection (4).
(b) The board of the district takes formal action not to operate its schools for
at least the required minimum number of hours and days of pupil instruction under
subsection (3) in a school year, including hours and days counted under subsection
(4).
(7) In providing the minimum number of hours and days of pupil instruction
required under subsection (3), a district shall use the following guidelines, and a
district shall maintain records to substantiate its compliance with the following
guidelines:
(a) Except as otherwise provided in this subsection, a pupil must be scheduled
for at least the required minimum number of hours of instruction, excluding study
halls, or at least the sum of 90 hours plus the required minimum number of hours of
instruction, including up to 2 study halls.
(b) The time a pupil is assigned to any tutorial activity in a block schedule may
be considered instructional time, unless that time is determined in an audit to be a
study hall period.
(c) Except as otherwise provided in this subdivision, a pupil in grades 9 to 12
for whom a reduced schedule is determined to be in the individual pupil's best
educational interest must be scheduled for a number of hours equal to at least 80% of
the required minimum number of hours of pupil instruction to be considered a full-time
equivalent pupil. A pupil in grades 9 to 12 who is scheduled in a 4-block schedule may
receive a reduced schedule under this subsection if the pupil is scheduled for a
number of hours equal to at least 75% of the required minimum number of hours of pupil
instruction to be considered a full-time equivalent pupil.
(d) If a pupil in grades 9 to 12 who is enrolled in a cooperative education
program or a special education pupil cannot receive the required minimum number of
hours of pupil instruction solely because of travel time between instructional sites
during the school day, that travel time, up to a maximum of 3 hours per school week,
shall be considered to be pupil instruction time for the purpose of determining
whether the pupil is receiving the required minimum number of hours of pupil
instruction. However, if a district demonstrates to the satisfaction of the department
that the travel time limitation under this subdivision would create undue costs or
hardship to the district, the department may consider more travel time to be pupil
instruction time for this purpose.
(e) In grades 7 through 12, instructional time that is part of a junior reserve
officer training corps (JROTC) program shall be considered to be pupil instruction
time regardless of whether the instructor is a certificated teacher if all of the
following are met:
(i) The instructor has met all of the requirements established by the United
States Department of Defense and the applicable branch of the armed services for
serving as an instructor in the junior reserve officer training corps program.
(ii) The board of the district or intermediate district employing or assigning
the instructor complies with the requirements of sections 1230 and 1230a of the
revised school code, MCL 380.1230 and 380.1230a, with respect to the instructor to the
same extent as if employing the instructor as a regular classroom teacher.
(8) Except as otherwise provided in subsections (11) and (12), the department
shall apply the guidelines under subsection (7) in calculating the full-time
equivalency of pupils.
(9) Upon application by the district for a particular fiscal year, the
superintendent shall waive for a district the minimum number of hours and days of
pupil instruction requirement of subsection (3) for a department-approved alternative
education program or another innovative program approved by the department, including
a 4-day school week. If a district applies for and receives a waiver under this
subsection and complies with the terms of the waiver, the district is not subject to
forfeiture under this section for the specific program covered by the waiver. If the
district does not comply with the terms of the waiver, the amount of the forfeiture
shall be calculated based upon a comparison of the number of hours and days of pupil
instruction actually provided to the minimum number of hours and days of pupil
instruction required under subsection (3). Pupils enrolled in a department-approved
alternative education program under this subsection shall be reported to the center in
a form and manner determined by the center. All of the following apply to a waiver
granted under this subsection:
(a) If the waiver is for a blended model of delivery, a waiver that is granted
for the 2011-2012 fiscal year or a subsequent fiscal year remains in effect unless it
is revoked by the superintendent.
(b) If the waiver is for a 100% online model of delivery and the educational
program for which the waiver is granted makes educational services available to pupils
for a minimum of at least 1,098 hours during a school year and ensures that each pupil
is on track for course completion at proficiency level, a waiver that is granted for
the 2011-2012 fiscal year or a subsequent fiscal year remains in effect unless it is
revoked by the superintendent.
(c) A waiver that is not a waiver described in subdivision (a) or (b) is valid
for 1 fiscal year and must be renewed annually to remain in effect.
(10) Until 2014-2015, a district may count up to 38 hours of qualifying
professional development for teachers as hours of pupil instruction. However, if a
collective bargaining agreement that provides for the counting of up to 38 hours of
qualifying professional development for teachers as pupil instruction is in effect for
employees of a district as of July 1, 2013, then until the school year that begins
after the expiration of that collective bargaining agreement a district may count up
to the contractually specified number of hours of qualifying professional development
for teachers as hours of pupil instruction. Professional development provided online
is allowable and encouraged, as long as the instruction has been approved by the
district. The department shall issue a list of approved online professional
development providers, which shall include the Michigan Virtual School. As used in
this subsection, "qualifying professional development" means professional development
that is focused on 1 or more of the following:
(a) Achieving or improving adequate yearly progress as defined under the no child
left behind act of 2001, Public Law 107-110.
(b) Achieving accreditation or improving a school's accreditation status under
section 1280 of the revised school code, MCL 380.1280.
(c) Achieving highly qualified teacher status as defined under the no child left
behind act of 2001, Public Law 107-110.
(d) Integrating technology into classroom instruction.
(e) Maintaining teacher certification.
(11) Subsections (3) and (8) do not apply to a school of excellence that is a
cyber school, as defined in section 551 of the revised school code, MCL 380.551, and
is in compliance with section 553a of the revised school code, MCL 380.553a.
(12) Subsections (3) and (8) do not apply to eligible pupils enrolled in a
dropout recovery program that meets the requirements of section 23a. As used in this
subsection, "eligible pupil" means that term as defined in section 23a.
(13) Beginning in 2013, at least every 2 years the superintendent shall review
the waiver standards set forth in the pupil accounting and auditing manuals to ensure
that the waiver standards and waiver process continue to be appropriate and responsive
to changing trends in online learning. The superintendent shall solicit and consider
input from stakeholders as part of this review.
Sec. 102d. (1) From the funds appropriated in section 11, there is allocated an
amount not to exceed $1,500,000.00 for 2015-2016 2016-2017 for reimbursements to
districts for the licensing of school data analytical tools as described under this
section. The reimbursement is for districts that choose to use a school data
analytical tool to assist the district and that enter into a licensing agreement for a
school data analytical tool with 1 of the vendors approved by the department of
technology, management, and budget under subsection (2). FUNDS UNDER THIS SECTION ARE
INTENDED TO PROVIDE DISTRICTS WITH FINANCIAL FORECASTING AND TRANSPARENCY REPORTING
TOOLS TO HELP IMPROVE THE FINANCIAL HEALTH OF DISTRICTS AND TO IMPROVE COMMUNICATION
WITH THE PUBLIC, RESULTING IN INCREASED FUND BALANCES FOR DISTRICTS.
(2) Not later than October 15, 2015 2016, the department of technology,
management, and budget shall review vendors for school data analytical tools and
provide districts with a list of at least 2 and up to 4 approved vendors that
districts may use to be eligible for a reimbursement paid under this section. For a
vendor to be approved under this section, the department of technology, management,
and budget must determine that the school data analytical tool supplied by the vendor
meets at least all of the following:
(a) Analyzes financial data.
(b) Analyzes academic data.
(c) Provides early warning indicators of financial stress.
(d) Has the capability to provide peer district comparisons of both financial and
academic data.
(e) Has the capability to provide financial projections for at least 3 subsequent
fiscal years.
(3) Funds allocated under this section shall be paid to districts as a
reimbursement for already having a licensing agreement or for entering into a
licensing agreement not later than December 1, 2015 2016 with a vendor approved under
subsection (2) to implement a school data analytical tool. Reimbursement under this
section shall be made on an equal per-pupil basis.
(4) Notwithstanding section 17b, payments under this section shall be made on a
schedule determined by the department.
Sec. 104. (1) In order to receive state aid under this article, a district shall
comply with sections 1249, 1278a, 1278b, 1279, 1279g, and 1280b of the revised school
code, MCL 380.1249, 380.1278a, 380.1278b, 380.1279, 380.1279g, and 380.1280b, and 1970
PA 38, MCL 388.1081 to 388.1086. Subject to subsection (2), from the state school aid
fund money appropriated in section 11, there is allocated
for 2015-2016 2016-2017 an
amount not to exceed $43,994,400.00 $33,894,400.00 for payments on behalf of districts
for costs associated with complying with those provisions of law. In addition, from
the federal funds appropriated in section 11, there is
allocated for 2015-2016 2016-
2017 an amount estimated at $6,250,000.00, funded from DED-OESE, title VI, state
assessment funds, and from DED-OSERS, section 504 of part B of the individuals with
disabilities education act, Public Law 94-142, plus any carryover federal funds from
previous year appropriations, for the purposes of complying with the federal no child
left behind act of 2001, Public Law 107-110 OR THE EVERY STUDENT SUCCEEDS ACT OF 2015,
PUBLIC LAW 114-95.
(2) The results of each test administered as part of the Michigan student test of
educational progress (M-STEP), including tests administered to high school students,
shall include an item analysis that lists all items that are counted for individual
pupil scores and the percentage of pupils choosing each possible response.
(3) All federal funds allocated under this section shall be distributed in
accordance with federal law and with flexibility provisions outlined in Public Law
107-116, and in the education flexibility partnership act of 1999, Public Law 106-25.
(4) Notwithstanding section 17b, payments on behalf of districts, intermediate
districts, and other eligible entities under this section shall be paid on a schedule
determined by the department.
(5) From the allocation in subsection (1), there
is allocated an amount not to
exceed $8,500,000.00 for the following purposes:
(a) Converting existing student assessments to
online assessments.
(b) Providing paper and pencil test versions to
districts not prepared to
implement online assessments.
(c) Expanding writing assessments to additional
grade levels.
(d) Providing an increased number of constructed
response test questions so that
pupils can demonstrate higher-order skills such as problem
solving and communicating
reasoning.
(5)(6) From the allocation in subsection
(1), there is allocated an amount not to
exceed $3,200,000.00 for the development or selection of an online reporting tool to
provide student-level assessment data in a secure environment to educators, parents,
and pupils immediately after assessments are scored. The department and the center
shall ensure that any data collected by the online reporting tool do not provide
individually identifiable student data to the federal government.
(6)(7) From the allocation in subsection
(1), there is allocated an amount not to
exceed $5,600,000.00 for the purpose of implementing a summative assessment system
pursuant to section 104c.
(8) As used in this section:
(a) "DED" means the United States Department of Education.
(b) "DED-OESE" means the DED Office of Elementary and Secondary Education.
(c) "DED-OSERS" means the DED Office of Special Education and Rehabilitative
Services.
Sec. 104b. (1) In order to receive state aid under this article, a district shall
comply with this section and shall administer the Michigan merit examination to pupils
in grade 11, and to pupils in grade 12 who did not take the complete Michigan merit
examination in grade 11, as provided in this section. The Michigan merit examination
consists of a college entrance test, work skills test, and the summative assessment
known as the Michigan student test of educational progress (M-STEP).
(2) For the purposes of this section, the department of technology, management,
and budget shall contract with 1 or more providers to develop, supply, and score the
Michigan merit examination. The Michigan merit examination shall consist of all of the
following:
(a) Assessment instruments that measure English language arts, mathematics,
reading, and science, and are used by the majority of colleges and universities in
this state for entrance purposes. This may include 1 or more writing components. In
selecting assessment instruments to fulfill the requirements of this subdivision, the
department may consider the degree to which those assessment instruments are aligned
to this state's content standards.
(b) One or more tests from 1 or more test developers that assess a pupil's
ability to apply at least reading and mathematics skills in a manner that is intended
to allow employers to use the results in making employment decisions. The department
of technology, management, and budget and the superintendent shall ensure that any
test or tests selected under this subdivision have all the components necessary to
allow a pupil to be eligible to receive the results of a nationally recognized
evaluation of workforce readiness if the pupil's test performance is adequate.
(c) A social studies component.
(d) Any other component that is necessary to obtain the approval of the United
States Department of Education to use the Michigan merit examination for the purposes
of the no child left behind act of 2001, Public Law 107-110 OR THE EVERY STUDENT
SUCCEEDS ACT OF 2015, PUBLIC LAW 114-95.
(3) In addition to all other requirements of this section, all of the following
apply to the Michigan merit examination:
(a) The department of technology, management, and budget and the superintendent
shall ensure that any contractor used for scoring the Michigan merit examination
supplies an individual report for each pupil that will identify for the pupil's
parents and teachers whether the pupil met expectations or failed to meet expectations
for each standard, to allow the pupil's parents and teachers to assess and remedy
problems before the pupil moves to the next grade.
(b) The department of technology, management, and budget and the superintendent
shall ensure that any contractor used for scoring, developing, or processing the
Michigan merit examination meets quality management standards commonly used in the
assessment industry, including at least meeting level 2 of the capability maturity
model developed by the Software Engineering Institute of Carnegie Mellon University
for the first year the Michigan merit examination is offered to all grade 11 pupils
and at least meeting level 3 of the capability maturity model for subsequent years.
(c) The department of technology, management, and budget and the superintendent
shall ensure that any contract for scoring, administering, or developing the Michigan
merit examination includes specific deadlines for all steps of the assessment process,
including, but not limited to, deadlines for the correct testing materials to be
supplied to schools and for the correct results to be returned to schools, and
includes penalties for noncompliance with these deadlines.
(d) The superintendent shall ensure that the Michigan merit examination meets all
of the following:
(i) Is designed to test pupils on this state's content standards in all subjects
tested.
(ii) Complies with requirements of the no child left behind act of 2001, Public
Law 107-110 OR THE EVERY STUDENT SUCCEEDS ACT OF 2015, PUBLIC LAW 114-95.
(iii) Is consistent with the code of fair testing practices in education prepared
by the Joint Committee on Testing Practices of the American Psychological Association.
(iv) Is factually accurate. If the superintendent determines that a question is
not factually accurate and should be excluded from scoring, the state board and the
superintendent shall ensure that the question is excluded from scoring.
(4) A district shall include on each pupil's high school transcript all of the
following:
(a) For each high school graduate who has completed the Michigan merit
examination under this section, the pupil's scaled score on each subject area
component of the Michigan merit examination.
(b) The number of school days the pupil was in attendance at school each school
year during high school and the total number of school days in session for each of
those school years.
(5) The superintendent shall work with the provider or providers of the Michigan
merit examination to produce Michigan merit examination subject area scores for each
pupil participating in the Michigan merit examination. To the extent that the
department determines that additional test items beyond those included in the college
entrance component of the Michigan merit examination are required in a particular
subject area, the department shall ensure that all test items in that subject area are
scaled and merged for the purposes of producing a Michigan merit examination subject
area score. The superintendent shall design and distribute to districts, intermediate
districts, and nonpublic schools a simple and concise document that describes the
scoring for each subject area and indicates the scaled score ranges for each subject
area.
(6) The Michigan merit examination shall be administered in each district during
the last 12 weeks of the district's school year. The superintendent shall ensure that
the Michigan merit examination is scored and the scores are returned to pupils, their
parents or legal guardians, and districts not later than the beginning of the pupil's
first semester of grade 12. The returned scores shall indicate at least the pupil's
scaled score for each subject area component and the range of scaled scores for each
subject area. In reporting the scores to pupils, parents, and schools, the
superintendent shall provide standards-specific, meaningful, and timely feedback on
the pupil's performance on the Michigan merit examination.
(7) A district shall administer the complete Michigan merit examination to a
pupil only once and shall not administer the complete Michigan merit examination to
the same pupil more than once. If a pupil does not take the complete Michigan merit
examination in grade 11, the district shall administer the complete Michigan merit
examination to the pupil in grade 12. If a pupil chooses to retake the college
entrance examination component of the Michigan merit examination, as described in
subsection (2)(a), the pupil may do so through the provider of the college entrance
examination component and the cost of the retake is the responsibility of the pupil
unless all of the following are met:
(a) The pupil has taken the complete Michigan merit examination.
(b) The pupil meets the income eligibility criteria for free breakfast, lunch, or
milk, as determined under the Richard B. Russell national school lunch act, 42 USC
1751 to 1769i.
(c) The pupil has applied to the provider of the college entrance examination
component for a scholarship or fee waiver to cover the cost of the retake and that
application has been denied.
(d) After taking the complete Michigan merit examination, the pupil has not
already received a free retake of the college entrance examination component paid for
either by this state or through a scholarship or fee waiver by the provider.
(8) The superintendent shall ensure that the length of the Michigan merit
examination and the combined total time necessary to administer all of the components
of the Michigan merit examination are the shortest possible that will still maintain
the degree of reliability and validity of the Michigan merit examination results
determined necessary by the superintendent. The superintendent shall ensure that the
maximum total combined length of time that schools are required to set aside for
pupils to answer all test questions on the Michigan merit examination does not exceed
8 hours if the superintendent determines that sufficient alignment to applicable
Michigan merit curriculum content standards can be achieved within that time limit.
(9) A district shall provide accommodations to a pupil with disabilities for the
Michigan merit examination, as provided under section 504 of title V of the
rehabilitation act of 1973, 29 USC 794; subtitle A of title II of the Americans with
disabilities act of 1990, 42 USC 12131 to 12134; the individuals with disabilities
education act amendments of 1997, Public Law 105-17; and the implementing regulations
for those statutes. The provider or providers of the Michigan merit examination and
the superintendent shall mutually agree upon the accommodations to be provided under
this subsection.
(10) To the greatest extent possible, the Michigan merit examination shall be
based on this state's content standards, as appropriate. Annually, after each
administration of the Michigan merit examination, the department shall provide a
report of the points per standard so that teachers will know what content will be
covered within the Michigan merit examination. The department may augment the college
entrance and work skills components of the Michigan merit examination to develop the
assessment, depending on the alignment of those components to this state's content
standards. If these components do not align to these standards, the department shall
produce additional components as required by law, while minimizing the amount of time
needed for assessments.
(11) A child who is a student in a nonpublic school or home school may take the
Michigan merit examination under this section. To take the Michigan merit examination,
a child who is a student in a home school shall contact the district in which the
child resides, and that district shall administer the Michigan merit examination, or
the child may take the Michigan merit examination at a nonpublic school if allowed by
the nonpublic school. Upon request from a nonpublic school, the superintendent shall
direct the provider or providers to supply the Michigan merit examination to the
nonpublic school and the nonpublic school may administer the Michigan merit
examination. If a district administers the Michigan merit examination under this
subsection to a child who is not enrolled in the district, the scores for that child
are not considered for any purpose to be scores of a pupil of the district.
(12) In contracting under subsection (2), the department of technology,
management, and budget shall consider a contractor that provides electronically-scored
essays with the ability to score constructed response feedback in multiple languages
and provide ongoing instruction and feedback.
(13) The purpose of the Michigan merit examination is to assess pupil performance
in mathematics, science, social studies, and English language arts for the purpose of
improving academic achievement and establishing a statewide standard of competency.
The assessment under this section provides a common measure of data that will
contribute to the improvement of Michigan schools' curriculum and instruction by
encouraging alignment with Michigan's curriculum framework standards and promotes
pupil participation in higher level mathematics, science, social studies, and English
language arts courses. These standards are based upon the expectations of what pupils
should learn through high school and are aligned with national standards.
(14) For a pupil enrolled in a middle college program, other than a middle
college operated as a shared educational entity or a specialized shared educational
entity, if the pupil receives at least 50% of his or her instruction at the high
school while in grade 11, the Michigan merit examination shall be administered to the
pupil at the high school at which the pupil receives high school instruction, and the
department shall include the pupil's scores on the Michigan merit examination in the
scores for that high school for all purposes for which a school's or district's
results are reported. The department shall allow the middle college program to use a
5-year graduation rate for determining adequate yearly progress. As used in this
subsection, "middle college" means a program consisting of a series of courses and
other requirements and conditions, including an early college or other program created
under a memorandum of understanding, that allows a pupil to graduate from high school
with both a high school diploma and a certificate or degree from a community college
or state public university.
(15) As used in this section:
(a) "English language arts" means reading and writing.
(b) "Social studies" means United States history, world history, world geography,
economics, and American government.
Sec. 104c. (1) In order to receive state aid under this article, a district shall
administer the state assessments described in this section.
(2) For the purposes of this section, the department shall develop for use in the
spring of 2015-2016 the Michigan student test of educational progress (M-STEP)
assessments in English language arts and mathematics. These assessments shall be
aligned to state standards.
(3) For the purposes of this section, the department shall implement a summative
assessment system that is proven to be valid and reliable for administration to pupils
as provided under this subsection. The summative assessment system shall meet all of
the following requirements:
(a) The summative assessment system shall measure student proficiency on the
current state standards, shall measure student growth for consecutive grade levels in
which students are assessed in the same subject area in both grade levels, and shall
be capable of measuring individual student performance.
(b) The summative assessments for English language arts and mathematics shall be
administered to all public school pupils in grades 3 to 11, including those pupils as
required by the federal individuals with disabilities education act, Public Law 108-
446, and by title I of the federal elementary and secondary education act.
(c) The summative assessments for science shall be administered to all public
school pupils in at least grades 4 and 7, including those pupils as required by the
federal individuals with disabilities education act, Public Law 108-446, and by title
I of the federal elementary and secondary education act.
(d) The summative assessments for social studies shall be administered to all
public school pupils in at least grades 5 and 8, including those pupils as required by
the federal individuals with disabilities education act, Public Law 108-446, and by
title I of the federal elementary and secondary education act.
(e) The content of the summative assessments shall be aligned to state standards.
(f) The pool of questions for the summative assessments shall be subject to a
transparent review process for quality, bias, and sensitive issues involving educator
review and comment. The department shall post samples from tests or retired tests
featuring questions from this pool for review by the public.
(g) The summative assessment system shall ensure that students, parents, and
teachers are provided with reports that convey individual student proficiency and
growth on the assessment and that convey individual student domain-level performance
in each subject area, including representative questions, and individual student
performance in meeting state standards.
(h) The summative assessment system shall be capable of providing, and the
department shall ensure that students, parents, teachers, administrators, and
community members are provided with, reports that convey aggregate student proficiency
and growth data by teacher, grade, school, and district.
(i) The summative assessment system shall ensure the capability of reporting the
available data to support educator evaluations.
(j) The summative assessment system shall ensure that the reports provided to
districts containing individual student data are available within 60 days after
completion of the assessments.
(k) The summative assessment system shall ensure that access to individually
identifiable student data meets all of the following:
(i) Is in compliance with 20 USC 1232g, commonly referred to as the family
educational rights and privacy act of 1974.
(ii) Except as may be provided for in an agreement with a vendor to provide
assessment services, as necessary to support educator evaluations pursuant to
subdivision (i), or for research or program evaluation purposes, is available only to
the student; to the student's parent or legal guardian; and to a school administrator
or teacher, to the extent that he or she has a legitimate educational interest.
(l) The summative assessment system shall ensure that the assessments are pilot
tested before statewide implementation.
(m) The summative assessment system shall ensure that assessments are designed so
that the maximum total combined length of time that schools are required to set aside
for a pupil to answer all test questions on all assessments that are part of the
system for the pupil's grade level does not exceed that maximum total combined length
of time for the previous statewide assessment system or 9 hours, whichever is less.
This subdivision does not limit the amount of time a district may allow a pupil to
complete a test.
(n) The total cost of executing the summative assessment system statewide each
year, including, but not limited to, the cost of contracts for administration,
scoring, and reporting, shall not exceed an amount equal to 2 times the cost of
executing the previous statewide assessment after adjustment for inflation.
(4) Beginning in the 2015-2016 school year, the department shall field test
additional components in the assessment system under this
subsection ASSESSMENTS IN
THE FALL AND SPRING OF EACH YEAR TO MEASURE ENGLISH LANGUAGE ARTS AND MATHEMATICS IN
EACH
OF GRADES K TO 2 for
full implementation in the 2016-2017 school year. The
additional components THESE
ASSESSMENTS are
necessary to determine a pupil's
proficiency level before grade 3. The additional
components are as follows:
(a) Assessments administered in the fall and
spring of each year to measure
English language arts and mathematics in each of grades 1
and 2.
(b) The kindergarten entry assessment (KEA), to
be administered in the fall of
the kindergarten year. The KEA shall include the same
components as under subdivision
(a) and also may include observational components that
measure cognitive, social-
emotional, and physical skills.
(5) This section does not prohibit districts from adopting interim assessments.
(6) As used in this section, "English language arts" means that term as defined
in section 104b.
Sec. 107. (1) From the appropriation in section 11, there is allocated an amount
not to exceed $25,000,000.00 for 2015-2016 2016-2017 for adult education programs
authorized under this section. Except as otherwise provided
under subsections (16)(14)
and (18)(15), funds allocated under this section
are restricted for adult education
programs as authorized under this section only. A recipient of funds under this
section shall not use those funds for any other purpose.
(2) To be eligible for funding under this section, an eligible adult education
provider shall employ certificated teachers and qualified administrative staff and
shall offer continuing education opportunities for teachers to allow them to maintain
certification.
(3) To be eligible to be a participant funded under this section, an individual
shall be enrolled in an adult basic education program, AN ADULT SECONDARY EDUCATION
PROGRAM, an adult English as a second
language program, a general educational
development (G.E.D.) HIGH SCHOOL
EQUIVALENCY test
preparation program, a job- or
employment-related program, or a high school completion
program, that meets the
requirements of this section, and for which instruction is provided, and shall meet
either of the following, as applicable:
(a) If the individual has obtained a high school
diploma or a general educational
development (G.E.D.) certificate, the individual meets 1 of
the following:
(i) Is less than 20 years of age on
September 1 of the school year, is not
attending an institution of higher education, and is
enrolled in a job- or employment-
related program through a referral by an employer or by a
Michigan workforce agency.
(ii) Is enrolled in an English as a second
language program.
(iii) Is enrolled in a high school
completion program.
(iv) Is at least 20 years of age on
September 1 of the school year, is enrolled
in an adult basic education program, and is determined by a
department-approved
assessment, in a form and manner prescribed by the
department, to be below grade 9
level in reading or mathematics, or both.
(b) If the individual has not obtained a high
school diploma or G.E.D.
certificate, the individual meets 1 of the following:
(i) Is at least 20 years of age on
September 1 of the school year.
(ii) Is at least 16 years of age on
September 1 of the school year, has been
permanently expelled from school under section 1311(2) or
1311a of the revised school
code, MCL 380.1311 and 380.1311a, and has no appropriate
alternative education program
available through his or her district of residence.
(A) HAS ATTAINED 20 YEARS OF AGE.
(B) IS AN OUT-OF-SCHOOL YOUTH AS DEFINED BY SECTION 129(A)(1)(B) OF THE WORKFORCE
INNOVATION AND OPPORTUNITY ACT, PUBLIC LAW 113-128.
(4) By April 1 of each fiscal year, the intermediate districts within a
prosperity region or subregion shall determine which intermediate district will serve
as the prosperity region's or subregion's fiscal agent for the next fiscal year and
shall notify the department in a form and manner determined by the department. The
department shall approve or disapprove of the prosperity region's or subregion's
selected fiscal agent. From the funds allocated under subsection (1), an amount as
determined under this subsection shall be allocated to each intermediate district
serving as a fiscal agent for adult education programs in each of the prosperity
regions or subregions identified by the department. An intermediate district shall not
use more than 5% of the funds allocated under this subsection for administration costs
for serving as the fiscal agent. Beginning in 2014-2015, 67% of the allocation
provided to each intermediate district serving as a fiscal agent shall be based on the
proportion of total funding formerly received by the adult education providers in that
prosperity region or subregion in 2013-2014, and 33% shall be allocated based on the
factors in subdivisions (a), (b), and (c). For 2016-2017, 33% of the allocation
provided to each intermediate district serving as a fiscal agent shall be based upon
the proportion of total funding formerly received by the adult education providers in
that prosperity region in 2013-2014 and 67% of the allocation shall be based upon the
factors in subdivisions (a), (b), and (c). Beginning in 2017-2018, 100% of the
allocation provided to each intermediate district serving as a fiscal agent shall be
based on the factors in subdivisions (a), (b), and (c). The funding factors for this
section are as follows:
(a) Sixty percent of this portion of the funding shall be distributed based upon
the proportion of the state population of individuals between the ages of 18 and 24
that are not high school graduates that resides in each of the prosperity regions or
subregions, as reported by the most recent 5-year estimates from the American
community survey (ACS) from the United States Census Bureau.
(b) Thirty-five percent of this portion of the funding shall be distributed based
upon the proportion of the state population of individuals age 25 or older who are not
high school graduates that resides in each of the prosperity regions or subregions, as
reported by the most recent 5-year estimates from the American community survey (ACS)
from the United States Census Bureau.
(c) Five percent of this portion of the funding shall be distributed based upon
the proportion of the state population of individuals age 18 or older who lack basic
English language proficiency that resides in each of the prosperity regions or
subregions, as reported by the most recent 5-year estimates from the American
community survey (ACS) from the United States Census Bureau.
(5) To be an eligible fiscal agent, an intermediate district must agree to do the
following in a form and manner determined by the department:
(a) Distribute funds to adult education programs in a prosperity region or
subregion as described in this section.
(b) Collaborate with the talent district career council, which is an advisory
council of the workforce development boards located in the prosperity region or
subregion, or its successor, to develop a regional strategy that aligns adult
education programs and services into an efficient and effective delivery system for
adult education learners, with special consideration for providing contextualized
learning and career pathways, AND ADDRESSING BARRIERS TO EDUCATION AND EMPLOYMENT.
(c) Collaborate with the talent district career council, which is an advisory
council of the workforce development boards located in the prosperity region or
subregion, or its successor, to create a local process and criteria that will identify
eligible adult education providers to receive funds allocated under this section based
on location, demand for services, past performance, quality indicators as identified
by the department, and cost to provide instructional services. The fiscal agent shall
determine all local processes, criteria, and provider determinations. However, the
local processes, criteria, and provider services must be approved by the department
before funds may be distributed to the fiscal agent.
(d) Provide oversight to its adult education providers throughout the program
year to ensure compliance with the requirements of this section.
(e) Report adult education program and participant data and information as
prescribed by the department.
(6) The amount allocated under this section per
full-time equated participant
shall not exceed $2,850.00 for a 450-hour program. The
amount shall be proportionately
reduced for a program offering less than 450 hours of
instruction.
(6)
(7) An adult basic education program, AN ADULT SECONDARY EDUCATION PROGRAM,
or an adult English as a second language program operated on a year-round or school
year basis may be funded under this section, subject to all of the following:
(a) The program enrolls adults who are determined by a department-approved
assessment, in a form and manner prescribed by the
department, to be below ninth
TWELFTH grade level in reading or mathematics, or both, or to lack basic English
proficiency.
(b) The program tests individuals for eligibility under subdivision (a) before
nrollment and upon completion of the program in compliance with the state-approved
assessment policy.
(c) A participant in an adult basic education program is eligible for
reimbursement until 1 of the following occurs:
(i) The participant's reading and mathematics proficiency are assessed at or
above the ninth TWELFTH
grade level.
(ii) The participant fails to show progress on 2 successive assessments after
having completed at least 450 hours of instruction.
(D) A PARTICIPANT IN AN ADULT SECONDARY EDUCATION PROGRAM IS ELIGIBLE FOR
REIMBURSEMENT UNTIL 1 OF THE FOLLOWING OCCURS:
(I) THE PARTICIPANT’S READING AND MATHEMATICS PROFICIENCY ARE ASSESSED ABOVE THE
TWELFTH GRADE LEVEL.
(II) THE PARTICIPANT FAILS TO SHOW PROGRESS ON 2 SUCCESSIVE ASSESSMENTS AFTER
HAVING COMPLETED AT LEAST 450 HOURS OF INSTRUCTION.
(E)
(d) A funding recipient enrolling a
participant in an English as a second
language program is eligible for funding according to
subsection (11)(9) until the
participant meets 1 of the following:
(i) The participant is assessed as having attained basic English proficiency as
determined by a department-approved assessment.
(ii) The participant fails to show progress on 2 successive department-approved
assessments after having completed at least 450 hours of instruction. The department
shall provide information to a funding recipient regarding appropriate assessment
instruments for this program.
(7)
(8) A general educational
development (G.E.D.) HIGH SCHOOL
EQUIVALENCY test
preparation program operated on a year-round or school year basis may be funded under
this section, subject to all of the following:
(a) The program enrolls adults who do not have a high school diploma OR A HIGH
SCHOOL EQUIVALENCY CERTIFICATE.
(b) The program shall administer a pre-test approved by the department before
enrolling an individual to determine the individual's literacy levels, shall
administer a G.E.D. HIGH SCHOOL EQUIVALENCY practice test to determine the
individual's potential for success on the G.E.D. HIGH SCHOOL EQUIVALENCY test, and
shall administer a post-test upon completion of the program in compliance with the
state-approved assessment policy.
(c) A funding recipient shall receive funding
according to subsection (11)(9) for
a participant, and a participant may be enrolled in the program until 1 of the
following occurs:
(i) The participant obtains the G.E.D HIGH SCHOOL EQUIVALENCY CERTIFICATE.
(ii) The participant fails to show progress on 2 successive department-approved
assessments used to determine readiness to take the G.E.D.
HIGH SCHOOL EQUIVALENCY
test after having completed at least 450 hours of instruction.
(8)
(9) A high school completion program
operated on a year-round or school year
basis may be funded under this section, subject to all of the following:
(a) The program enrolls adults who do not have a high school diploma.
(b) The program tests participants described in subdivision (a) before enrollment
and upon completion of the program in compliance with the state-approved assessment
policy.
(c) A funding recipient shall receive funding
according to subsection (11)(9) for
a participant in a course offered under this subsection until 1 of the following
occurs:
(i) The participant passes the course and earns a high school diploma.
(ii) The participant fails to earn credit in 2 successive semesters or terms in
which the participant is enrolled after having completed at least 900 hours of
instruction.
(10) A job- or employment-related adult education
program operated on a year-
round or school year basis may be funded under this
section, subject to all of the
following:
(a) The program enrolls adults referred by their
employer who are less than 20
years of age, have a high school diploma, are determined to
be in need of remedial
mathematics or communication arts skills, and are not
attending an institution of
higher education.
(b) The program tests participants described in
subdivision (a) before enrollment
and upon completion of the program in compliance with the
department-approved
assessment policy.
(c) An individual may be enrolled in this program
and the grant recipient shall
receive funding according to subsection (11) until 1 of the
following occurs:
(i) The individual achieves the requisite
skills as determined by department-
approved assessment instruments.
(ii) The individual fails to show progress
on 2 successive assessments after
having completed at least 450 hours of instruction.
(9)
(11) A funding recipient shall receive
payments under this section in
accordance with ALL OF the following:
(a) Eighty percent for enrollment of eligible
participants. STATEWIDE ALLOCATION
CRITERIA, INCLUSIVE OF A THREE-YEAR AVERAGE OF ACTUAL ENROLLMENTS, CENSUS DATA, AND
LOCAL NEEDS.
(b) Twenty percent for participant PARTICIPANT completion of the adult basic
education objectives by achieving an educational gain as determined by the national
reporting system levels; for achieving basic English proficiency, as determined by the
department; for obtaining a G.E.D. HIGH SCHOOL EQUIVALENCY CERTIFICATE or passage of 1
or more individual G.E.D. HIGH SCHOOL EQUIVALENCY tests; for attainment of a high
school diploma or passage of a course required for a participant to attain a high
school diploma; for enrollment in a postsecondary institution, or for entry into or
retention of employment, as applicable.
(C) PARTICIPANT COMPLETION OF CORE INDICATORS AS IDENTIFIED IN THE WORKFORCE
INNOVATION AND OPPORTUNITY ACT.
(D) ALLOWABLE EXPENDITURES.
(10)
(12) A person who is not eligible to be
a participant funded under this
section may receive adult education services upon the payment of tuition. In addition,
a person who is not eligible to be served in a program under this section due to the
program limitations specified in subsection (7), (8),
(9), or (10) (6), (7), OR (8)
may continue to receive adult education services in that program upon the payment of
tuition. The tuition level shall be determined by the local or intermediate district
conducting the program.
(11)
(13) An individual who is an inmate in a
state correctional facility shall
not be counted as a participant under this section.
(12)
(14) A funding recipient shall not
commingle money received under this
section or from another source for adult education purposes with any other funds and
shall establish a separate ledger account for funds received under this section. This
subsection does not prohibit a district from using general funds of the district to
support an adult education or community education program.
(13)
(15) A funding recipient receiving funds
under this section may establish a
sliding scale of tuition rates based upon a participant's family income. A funding
recipient may charge a participant tuition to receive adult education services under
this section from that sliding scale of tuition rates on a uniform basis. The amount
of tuition charged per participant shall not exceed the actual operating cost per
participant minus any funds received under this section per participant. A funding
recipient may not charge a participant tuition under this section if the participant's
income is at or below 200% of the federal poverty guidelines published by the United
States Department of Health and Human Services.
(14)
(16) In order to receive funds under
this section, a funding recipient shall
furnish to the department, in a form and manner determined by the department, all
information needed to administer this program and meet federal reporting requirements;
shall allow the department or the department's designee to review all records related
to the program for which it receives funds; and shall reimburse the state for all
disallowances found in the review, as determined by the department. In addition, a
funding recipient shall agree to pay to a career and technical education program under
section 61a the amount of funding received under this section in the proportion of
career and technical education coursework used to satisfy adult basic education
programming, as billed to the funding recipient by programs operating under section
61a.
(17) All intermediate district participant audits
of adult education programs
shall be performed pursuant to the adult education
participant auditing and accounting
manuals published by the department.
(15)
(18) From the amount appropriated in
subsection (1), an amount not to exceed
$500,000.00 shall be allocated for 2015-2016 2016-2017 to not more than 1 pilot
program that is located in a prosperity region with 2 or more subregions and that
connects adult education participants directly with employers by linking adult
education, career and technical skills, and workforce development. To be eligible for
funding under this subsection, a pilot program shall provide a collaboration linking
adult education programs within the county, the area career/technical center, and
local employers, and shall meet the additional criteria in
subsections (19) and (20)
(16)
AND (17). Funding under
this subsection for 2015-2016 2016-2017 is for the first
SECOND of 3 years of funding.
(16)
(19) A pilot program funded under
subsection (18)(15) shall require adult
education staff to work with Michigan Works! to identify a cohort of participants who
are most prepared to successfully enter the workforce. Participants identified under
this subsection shall be dually enrolled in adult education programming and at least 1
technical course at the area career/technical center.
(17)
(20) A pilot program funded under subsection
(18)(15) shall have on staff an
adult education navigator who will serve as a caseworker for each participant
identified under subsection (19)(16). The navigator shall work with adult education
staff and potential employers to design an educational program best suited to the
personal and employment needs of the participant, and shall work with human service
agencies or other entities to address any barrier in the way of participant access.
(21) Not later than December 1, 2016 2017, the pilot program funded under
subsection (18) shall provide to the senate and house
appropriations subcommittees on
school aid and to the senate and house fiscal agencies a
report detailing number of
participants, graduation rates, and a measure of transitioning
to employment.
(18)
(22) The department shall develop an
application process for a pilot program
to be funded under subsection (18)(15) and shall award funding not later than November
1, 2015 OCTOBER 1, 2016. Funding allocated under subsection
(18)(15) may be paid on a
schedule other than that specified under section 17b.
(19)
(23) As used in this section:
(a) "Career pathway" means a combination of rigorous and high-quality education,
training, and other services that comply with all of the following:
(i) Aligns with the skill needs of industries in the economy of this state or in
the regional economy involved.
(ii) Prepares an individual to be successful in any of a full range of secondary
or postsecondary education options, including apprenticeships registered under the act
of August 16, 1937 (commonly known as the "national apprenticeship act"), 29 USC 50 et
seq.
(iii) Includes counseling to support an individual in achieving the individual's
education and career goals.
(iv) Includes, as appropriate, education offered concurrently with and in the
same context as workforce preparation activities and training for a specific
occupation or occupational cluster.
(v) Organizes education, training, and other services to meet the particular
needs of an individual in a manner that accelerates the educational and career
advancement of the individual to the extent practicable.
(vi) Enables an individual to attain a secondary school diploma or its recognized
equivalent, and at least 1 recognized postsecondary credential.
(vii) Helps an individual enter or advance within a specific occupation or
occupational cluster.
(b) "Department" means the department of talent and economic development.
(c) "Eligible adult education provider" means a district, intermediate district,
a consortium of districts, a consortium of intermediate districts, or a consortium of
districts and intermediate districts that is identified as part of the local process
described in subsection (5)(c) and approved by the department.
(d) "Participant" means the sum of the
number of full-time equated individuals
enrolled in and attending a department-approved adult
education program under this
section, using quarterly participant count days on the
schedule described in section
6(7)(b).
(D) "HIGH SCHOOL EQUIVALENCY TEST" MEANS THE G.E.D. TEST DEVELOPED BY THE G.E.D.
TESTING SERVICE, THE TEST ASSESSING SECONDARY COMPLETION (TASC) DEVELOPED BY
CTB/MCGRAW-HILL, THE HISET TEST DEVELOPED BY THE EDUCATION TESTING SERVICE (ETS), OR
ANOTHER COMPARABLE TEST APPROVED BY THE DEPARTMENT.
Sec. 147. (1) The allocation for 2015-2016
2016-2017 for the public school
employees' retirement system pursuant to the public school employees retirement act of
1979, 1980 PA 300, MCL 38.1301 to 38.1408, shall be made using the individual
projected benefit entry age normal cost method of valuation and risk assumptions
adopted by the public school employees retirement board and the department of
technology, management, and budget.
(2) The annual level percentage of payroll
contribution rates for the 2015-2016
2016-2017 fiscal year, as determined by the retirement system, are estimated as
follows:
(a) For public school employees who first worked for a public school reporting
unit before July 1, 2010 and who are enrolled in the health premium subsidy, the
annual level percentage of payroll contribution rate is
estimated at 36.31% 36.64%,
with 25.78% 24.94% paid directly by the employer.
(b) For public school employees who first worked for a public school reporting
unit on or after July 1, 2010 and who are enrolled in the health premium subsidy, the
annual level percentage of payroll contribution rate is
estimated at 35.09% 36.01%,
with 24.56% 24.31% paid directly by the employer.
(c) For public school employees who first worked for a public school reporting
unit on or after July 1, 2010 and who participate in the personal healthcare fund, the
annual level percentage of payroll contribution rate is
estimated at 34.66% 35.79%,
with 24.13% 24.09% paid directly by the employer.
(d) For public school employees who first worked for a public school reporting
unit on or after September 4, 2012, who elect defined contribution, and who
participate in the personal healthcare fund, the annual level percentage of payroll
contribution rate is estimated at 31.49% 32.66%, with 20.96% paid directly by the
employer.
(e) For public school employees who first worked for a public school reporting
unit before July 1, 2010, who elect defined contribution, and who are enrolled in the
health premium subsidy, the annual level percentage of payroll contribution rate is
estimated at 31.92% 32.88%, with 21.39%
21.18% paid directly by the employer.
(f) For public school employees who first worked for a public school reporting
unit before July 1, 2010, who elect defined contribution, and who participate in the
personal healthcare fund, the annual level percentage of payroll contribution rate is
estimated at 31.49% 32.66%, with
20.96% paid directly by the employer.
(g) For public school employees who first worked for a public school reporting
unit before July 1, 2010 and who participate in the personal healthcare fund, the
annual level percentage of payroll contribution rate is
estimated at 35.88% 36.42%,
with 25.35% 24.72% paid directly by the employer.
(3) In addition to the employer payments described in subsection (2), the
employer shall pay the applicable contributions to the Tier 2 plan, as determined by
the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to
38.1408.
(4) The contribution rates in subsection (2) reflect
an amortization period of 23
22 years for 2015-2016 2016-2017. The public school employees' retirement system board
shall notify each district and intermediate district by February 28 of each fiscal
year of the estimated contribution rate for the next fiscal year.
Sec. 147a. From the appropriation in
section 11, there is allocated for 2015-2016
2016-2017 an amount not to exceed $100,000,000.00 for payments to participating
districts. A district that receives money under this section shall use that money
solely for the purpose of offsetting a portion of the retirement contributions owed by
the district for the fiscal year in which it is received. The amount allocated to each
participating district under this section shall be based on each participating
district's percentage of the total statewide payroll for all participating districts
for the immediately preceding fiscal year. As used in this section, "participating
district" means a district that is a reporting unit of the Michigan public school
employees' retirement system under the public school employees retirement act of 1979,
1980 PA 300, MCL 38.1301 to 38.1408, and that reports employees to the Michigan public
school employees' retirement system for the applicable fiscal year.
Sec. 147c. (1) From the
appropriation in section 11, there is allocated for 2015-
2016 2016-2017 an amount not to exceed $892,900,000.00
$982,200,000.00 from the state
school aid fund for payments to districts and intermediate districts that are
participating entities of the Michigan public school employees' retirement system. In
addition, from the general fund money appropriated in section 11, there is allocated
for 2015-2016
2016-2017 an amount not
to exceed $600,000.00 for payments to district
libraries that are participating entities of the Michigan public school employees'
retirement system.
(2) For 2015-2016 2016-2017, the amounts allocated under subsection (1) are
estimated to provide an average MPSERS rate cap per pupil
amount of $601.00 $660.00
and are estimated to provide a rate cap per pupil for
districts ranging between $4.00
$5.00
and $2,300.00 $3,100.00.
(3) Payments made under this section for
2015-2016 shall be equal to the
difference between the unfunded actuarial accrued liability contribution rate as
calculated pursuant to section 41 of the public school employees retirement act of
1979, 1980 PA 300, MCL 38.1341, as calculated without taking into account the maximum
employer rate of 20.96% included in section 41 of the public school employees
retirement act of 1979, 1980 PA 300, MCL 38.1341, and the maximum employer rate of
20.96% included in section 41 of the public school employees retirement act of 1979,
1980 PA 300, MCL 38.1341.
(4) The amount allocated to each participating entity under this section shall be
based on each participating entity's proportion of the total covered payroll for the
immediately preceding fiscal year for the same type of participating entities. A
participating entity that receives funds under this section shall use the funds solely
for the purpose of retirement contributions as specified in subsection (5).
(5) Each participating entity receiving funds under this section shall forward an
amount equal to the amount allocated under subsection (4) to the retirement system in
a form, manner, and time frame determined by the retirement system.
(6) Funds allocated under this section should be considered when comparing a
district's growth in total state aid funding from 1 fiscal year to the next.
(7) Not later than December 20, 2015 2016, the department shall publish and post
on its website an estimated MPSERS rate cap per pupil for each district.
(8) As used in this section:
(a) "MPSERS rate cap per pupil" means an amount equal to the quotient of the
district's payment under this section divided by the district's pupils in membership.
(b) "Participating entity" means a district, intermediate district, or district
library that is a reporting unit of the Michigan public school employees' retirement
system under the public school employees retirement act of 1979, 1980 PA 300, MCL
38.1301 to 38.1437, and that reports employees to the Michigan public school
employees' retirement system for the applicable fiscal year.
(c) "Retirement board" means the board that administers the retirement system
under the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to
38.1437.
(d) "Retirement system" means the Michigan public school employees' retirement
system under the public school employees retirement act of 1979, 1980 PA 300, MCL
38.1301 to 38.1437.
Sec. 152a. (1) As required by the court in the consolidated cases known as Adair
v State of Michigan, Michigan supreme court docket nos. 137424 and 137453, from the
state school aid fund money appropriated in section 11
there is allocated for 2015-
2016 2016-2017 an amount not to exceed
$38,000,500.00 to be used solely for the
purpose of paying necessary costs related to the state-mandated collection,
maintenance, and reporting of data to this state.
(2) From the allocation in subsection (1), the department shall make payments to
districts and intermediate districts in an equal amount per-pupil based on the total
number of pupils in membership in each district and intermediate district. The
department shall not make any adjustment to these payments after the final installment
payment under section 17b is made.
Sec. 166b. (1) This act does not prohibit a parent or legal guardian of a minor
who is enrolled in any of grades 1 to 12 in a nonpublic school or who is being home-
schooled from also enrolling the minor in a district, public school academy, or
intermediate district in any curricular offering that is provided by the district,
public school academy, or intermediate district at a public school site and is
available to pupils in the minor's grade level or age group, subject to compliance
with the same requirements that apply to a full-time pupil's participation in the
offering. However, state school aid shall be provided under this act for a minor
enrolled as described in this subsection only for curricular offerings that are
offered AND BEING PROVIDED to full-time pupils in the minor's grade level or age group
during regularly scheduled school hours.
(2) This act does not prohibit a parent or legal guardian of a minor who is
enrolled in any of grades 1 to 12 in a nonpublic school or who resides within the
district and is being home-schooled from also enrolling the minor in the district in a
curricular offering being provided by the district at the nonpublic school site.
However, state school aid shall be provided under this act for a minor enrolled as
described in this subsection only if all of the following apply:
(a) Either of the following:
(i) The nonpublic school site is located, or the nonpublic students are educated,
within the geographic boundaries of the district.
(ii) If the nonpublic school has submitted a written request to the district in
which the nonpublic school is located for the district to provide certain instruction
under this subsection for a school year and the district does not agree to provide
some or all of that instruction by May 1 immediately preceding that school year or, if
the request is submitted after March 1 immediately preceding that school year, within
60 days after the nonpublic school submits the request, the instruction is instead
provided by an eligible other district. This subparagraph does not require a nonpublic
school to submit more than 1 request to the district in which the nonpublic school is
located for that district to provide instruction under this subsection, and does not
require a nonpublic school to submit an additional request to the district in which
the nonpublic school is located for that district to provide additional instruction
under this subsection beyond the instruction requested in the original request, before
having the instruction provided by an eligible other district. A public school academy
that is located in the district in which the nonpublic school is located or in another
eligible district also may provide instruction under this subparagraph under the same
conditions as an eligible other district. As used in this subparagraph, "eligible
other district" means a district that is located in the same intermediate district as
the district in which the nonpublic school is located or is located in an intermediate
district that is contiguous to that intermediate district.
(b) The nonpublic school is registered with the department as a nonpublic school
and meets all state reporting requirements for nonpublic schools.
(c) The instruction is scheduled to occur during the regular school day.
(d) The instruction is provided directly by a certified teacher at the district
or public school academy or at an intermediate district.
(e) The curricular offering is also available AND BEING PROVIDED to full-time
pupils in the minor's grade level or age group in the district or public school
academy during the regular school day at a public school site.
(f) The curricular offering is restricted to nonessential elective courses for
pupils in grades 1 to 12.
(3) A SUBJECT
TO SECTION 6(4)(GG), A
minor enrolled as described in this section
is a part-time pupil for purposes of state school aid under this act.
(4) A district that receives a written request to provide instruction under
subsection (2) shall reply to the request in writing by May 1 immediately preceding
the applicable school year or, if the request is made after March 1 immediately
preceding that school year, within 60 days after the nonpublic school submits the
request. The written reply shall specify whether the district agrees to provide or
does not agree to provide the instruction for each portion of instruction included in
the request.
ARTICLE II
STATE AID TO COMMUNITY COLLEGES
Sec. 201. (1) Subject to the conditions set forth in this article, the amounts
listed in this section are appropriated for community colleges for the fiscal year
ending September 30, 2016, 2017, from the funds indicated in this section. The
following is a summary of the appropriations in this section:
(a) The gross appropriation is $387,825,600.00.
$399,025,600.00. After deducting
total interdepartmental grants and intradepartmental transfers in the amount of $0.00,
the adjusted gross appropriation is $387,825,600.00.
$399,025,600.00.
(b) The sources of the adjusted gross appropriation described in subdivision (a)
are as follows:
(i) Total federal revenues, $0.00.
(ii) Total local revenues, $0.00.
(iii) Total private revenues, $0.00.
(iv) Total other state restricted
revenues, $256,714,800.00. $260,414,800.00.
(v) State general fund/general purpose
money, $131,110,800.00. $138,610,800.00.
(2) Subject to subsection (3), the amount appropriated for community college
operations is $311,492,000.00, $318,992,000.00, allocated as follows:
(a) The appropriation for Alpena Community
College is $5,464,400.00,
$5,627,100.00, $5,390,700.00 $5,464,400.00 for operations and $73,700.00
$162,700.00
for performance funding.
(b) The appropriation for Bay de Noc Community
College is $5,490,200.00,
$5,591,100.00, $5,419,500.00 $5,490,200.00 for operations and $70,700.00
$100,900.00
for performance funding.
(c) The appropriation for Delta College is $14,704,000.00, $15,052,400.00,
$14,498,900.00 $14,704,000.00
for operations and $205,100.00
$348,400.00 for
performance funding.
(d) The appropriation for Glen Oaks Community
College is $2,551,100.00,
$2,596,700.00, $2,516,100.00 $2,551,100.00 for operations and $35,000.00
$45,600.00
for performance funding.
(e) The appropriation for Gogebic Community
College is $4,509,900.00,
$4,626,900.00, $4,451,400.00 $4,509,900.00 for operations and $58,500.00
$117,000.00
for performance funding.
(f) The appropriation for Grand Rapids
Community College is $18,187,300.00,
$18,631,700.00, $17,947,500.00 $18,187,300.00 for operations and $239,800.00
$444,400.00 for performance funding.
(g) The appropriation for Henry Ford College
is $21,893,300.00, $22,347,500.00,
$21,623,800.00 $21,893,300.00
for operations and $269,500.00
$454,200.00 for
performance funding.
(h) The appropriation for Jackson College is $12,245,300.00, $12,504,400.00,
$12,087,300.00 $12,245,300.00 for operations and $158,000.00
$259,100.00 for
performance funding.
(i) The appropriation for Kalamazoo Valley
Community College is $12,689,400.00,
$13,015,700.00, $12,503,100.00
$12,689,400.00 for operations and $186,300.00
$326,300.00 for performance funding.
(j) The appropriation for Kellogg Community
College is $9,950,100.00,
$10,159,800.00, $9,813,500.00 $9,950,100.00
for operations and $136,600.00
$209,700.00
for performance funding.
(k) The appropriation for Kirtland Community
College is $3,221,500.00,
$3,303,300.00, $3,167,700.00 $3,221,500.00
for operations and $53,800.00
$81,800.00
for performance funding.
(l) The appropriation for Lake Michigan
College is $5,417,700.00, $5,565,600.00,
$5,342,900.00 $5,417,700.00 for operations and $74,800.00
$147,900.00 for performance
funding.
(m) The appropriation for Lansing Community
College is $31,288,200.00,
$31,915,300.00, $30,877,600.00 $31,288,200.00 for operations and $410,600.00
$627,100.00 for performance funding.
(n) The appropriation for Macomb Community
College is $33,239,500.00,
$33,900,200.00, $32,816,600.00 $33,239,500.00 for operations and $422,900.00
$660,700.00 for performance funding.
(o) The appropriation for Mid Michigan
Community College is $4,757,700.00,
$4,917,300.00, $4,682,000.00 $4,757,700.00 for operations and $75,700.00
$159,600.00
for performance funding.
(p) The appropriation for Monroe County
Community College is $4,565,600.00,
$4,679,100.00, $4,492,900.00
$4,565,600.00 for operations and $72,700.00
$113,500.00
for performance funding.
(q) The appropriation for Montcalm Community
College is $3,280,600.00,
$3,404,000.00, $3,226,700.00 $3,280,600.00 for operations and $53,900.00
$123,400.00
for performance funding.
(r) The appropriation for C.S. Mott Community
College is $15,901,700.00,
$16,278,400.00, $15,686,100.00
$15,901,700.00 for operations and $215,600.00
$376,700.00 for performance funding.
(s) The appropriation for Muskegon Community
College is $9,020,700.00,
$9,268,700.00, $8,901,000.00
$9,020,700.00 for operations and $119,700.00
$248,000.00
for performance funding.
(t) The appropriation for North Central
Michigan College is $3,224,800.00,
$3,345,100.00, $3,172,400.00
$3,224,800.00 for operations and $52,400.00
$120,300.00
for performance funding.
(u) The appropriation for Northwestern
Michigan College is $9,200,500.00,
$9,410,000.00, $9,078,800.00 $9,200,500.00 for operations and $121,700.00
$209,500.00
for performance funding.
(v) The appropriation for Oakland Community
College is $21,429,400.00,
$21,978,200.00, $21,123,300.00 $21,429,400.00 for operations and $306,100.00
$548,800.00 for performance funding.
(w) The appropriation for St. Clair County
Community College SCHOOLCRAFT COLLEGE
is $7,158,000.00, $13,057,800.00, $7,061,600.00 $12,706,400.00 for operations and
$96,400.00 $351,400.00 for performance funding.
(x) The appropriation for Schoolcraft
College SOUTHWESTERN MICHIGAN COLLEGE is
$12,706,400.00, $6,773,600.00, $12,513,700.00 $6,657,600.00 for operations and
$192,700.00 $116,000.00 for performance funding.
(y) The appropriation for Southwestern
Michigan College ST. CLAIR COUNTY
COMMUNITY COLLEGE is $6,657,600.00, $7,337,100.00,
$6,576,400.00 $7,158,000.00 for
operations and $81,200.00 $179,100.00 for performance funding.
(z) The appropriation for Washtenaw Community
College is $13,301,100.00,
$13,724,700.00, $13,077,300.00
$13,301,100.00 for operations and $223,800.00
$423,600.00 for performance funding.
(aa) The appropriation for Wayne County
Community College is $16,989,800.00,
$17,452,800.00, $16,727,600.00 $16,989,800.00 for operations and $262,200.00
$463,000.00 for performance funding.
(bb) The appropriation for West Shore
Community College is $2,446,200.00,
$2,527,500.00, $2,414,900.00 $2,446,200.00 for operations and $31,300.00
$81,300.00
for performance funding.
(3) The amount appropriated in subsection (2) for community college operations is
appropriated from the following:
(a) State school aid fund, $236,181,200.00.
$185,481,200.00.
(b) State general fund/general purpose money, $75,310,800.00.
$133,510,800.00.
(4) From the appropriations described in subsection (1), subject to section 207a,
the amount appropriated for fiscal year 2015-2016
2016-2017 to offset certain fiscal
year 2015-2016 2016-2017
retirement contributions is $1,733,600.00, appropriated from
the state school aid fund.
(5) From the appropriations described in subsection (1), subject to section 207b,
the amount appropriated for payments to community colleges that are participating
entities of the retirement system is $69,500,000.00,
$17,200,000.00 $73,200,000.00,
appropriated from the state school aid fund, and
$52,300,000.00 appropriated from
general fund/general purpose money.
(6) From the appropriations described in subsection (1), subject to section 207c,
the amount appropriated for renaissance zone tax reimbursements is $5,100,000.00,
$1,600,000.00 appropriated from the
state school aid fund, and $3,500,000.00
appropriated from general fund/general purpose money.
Sec. 202a. As used in this article:
(A) "CENTER" MEANS THE CENTER FOR EDUCATIONAL PERFORMANCE AND INFORMATION CREATED
IN SECTION 94A OF THIS ACT.
(B) (a)
"Michigan renaissance zone act" means the Michigan renaissance zone
act,
1996 PA 376, MCL 125.2681 to 125.2696.
(C) (b) "Participating college"
means a community college that is a reporting
unit of the retirement system and that reports employees to the retirement system for
the state fiscal year.
(D) (c)
"Retirement board" means the board that administers the retirement
system
under the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to
38.1437.
(E) (d) "Retirement system" means
the Michigan public school employees'
retirement system under the public school employees retirement act of 1979, 1980 PA
300, MCL 38.1301 to 38.1437.
(F) (e)
"Workforce development agency" means the workforce development agency
of
the Michigan strategic fund. WITHIN
THE DEPARTMENT OF TALENT AND ECONOMIC DEVELOPMENT
– TALENT INVESTMENT AGENCY.
Sec. 203. Unless otherwise specified, a community college that receives
appropriations in section 201 and,
the workforce development agency, AND THE
CENTER
shall use the internet to fulfill the reporting requirements of this article. This
requirement may include transmission of reports via electronic mail to the recipients
identified for each reporting requirement or it may include placement of reports on an
internet or intranet site.
Sec. 206. The funds appropriated in section 201 are appropriated for community
colleges with fiscal years ending June 30, 2016
2017 and shall be paid out of the
state treasury and distributed by the state treasurer to the respective community
colleges in 11 monthly installments on the sixteenth of each month, or the next
succeeding business day, beginning with October 16, 2015
2016. Each community college
shall accrue its July and August 2016 2017 payments to its institutional fiscal year
ending June 30, 2016 2017. However, if the state budget director determines that a
community college failed to submit all verified Michigan community colleges activities
classification structure data for school year 2014-2015
2015-2016 to the workforce
development agency CENTER by November 1, 2015 2016, or failed to submit its
longitudinal data system data set for school year 2014-2015
2015-2016 to the center
for educational performance and
information under
section 219, the state treasurer
shall withhold the monthly installments from that community college until those data
are submitted. The state budget director shall notify the chairs of the house and
senate appropriations subcommittees on community colleges at least 10 days before
withholding funds from any community college.
Sec. 207a. All of the following apply to the
allocation of the fiscal year 2015-
2016 2016-2017 appropriations described in section
201(4):
(a) A community college that receives money under section 201(4) shall use that
money solely for the purpose of offsetting a portion of the retirement contributions
owed by the college for that fiscal year.
(b) The amount allocated to each participating community college under section
201(4) shall be based on each college's percentage of the total covered payroll for
all community colleges that are participating colleges in the immediately preceding
fiscal year.
Sec. 207b. All of the following apply to the
allocation of the fiscal year 2015-
2016 2016-2017 appropriations described in section
201(5) for payments to community
colleges that are participating entities of the retirement system:
(a) The amount of a payment under section 201(5) shall be the difference between
the unfunded actuarial accrued liability contribution rate as calculated under section
41 of the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1341,
and the maximum employer rate of 20.96% under section 41 of the public school
employees retirement act of 1979, 1980 PA 300, MCL 38.1341.
(b) The amount allocated to each community college under section 201(5) shall be
based on each community college's percentage of the total covered payroll for all
community colleges that are participating colleges in the immediately preceding fiscal
year. A community college that receives funds under this subdivision shall use the
funds solely for the purpose of retirement contributions under section 201(5).
(c) Each participating college that receives funds under section 201(5) shall
forward an amount equal to the amount allocated under subdivision (b) to the
retirement system in a form and manner determined by the retirement system.
Sec. 207c. All of the following apply to the allocation of the appropriations
described in section 201(6) to community colleges described in section 12(3) of the
Michigan renaissance zone act, 1996 PA 376, MCL 125.2692:
(a) The amount allocated to each community college under section 201(6) for
fiscal year 2015-2016 2016-2017 shall be based on that community college's proportion
of total revenue lost by community colleges as a result of the exemption of property
taxes levied in 2015 2016 under the Michigan renaissance zone act, 1996 PA 376, MCL
125.2681 to 125.2696.
(b) The appropriations described in section 201(6) shall be made to each eligible
community college within 60 days after the department of treasury certifies to the
state budget director that it has received all necessary information to properly
determine the amounts payable to each eligible community college under section 12 of
the Michigan renaissance zone act, 1996 PA 376, MCL 125.2692.
Sec. 209. (1) Within 30 days after the board of a community college adopts its
annual operating budget for the following fiscal year, or after the board adopts a
subsequent revision to that budget, the community college shall make all of the
following available through a link on its website homepage:
(a) The annual operating budget and subsequent budget revisions.
(b) A link to the most recent "Activities Classification Structure Data Book and
Companion".
(c) General fund revenue and expenditure projections for THE CURRENT fiscal year
2015-2016 and THE NEXT fiscal
year 2016-2017.
(d) A listing of all debt service obligations, detailed by project, anticipated
fiscal year 2015-2016 payment of each project, and total
outstanding debt FOR THE
CURRENT FISCAL YEAR.
(e) The estimated cost to the community
college resulting from the patient
protection and affordable care act,
Public Law 111-148, as amended by the health care
and education reconciliation act of
2010, Public Law 111-152.
(E) (f) Links to all of the following for
the community college:
(i) The current collective bargaining agreement for each bargaining unit.
(ii) Each health care benefits plan, including, but not limited to, medical,
dental, vision, disability, long-term care, or any other type of benefits that would
constitute health care services, offered to any bargaining unit or employee of the
community college.
(iii) Audits and financial reports for the most recent fiscal year for which they
are available.
(iv) A copy of the board of trustees resolution regarding compliance with best
practices for the local strategic value component described in section 230(2).
(2) For statewide consistency and public visibility, community colleges must use
the icon badge provided by the department of technology, management, and budget
consistent with the icon badge developed by the department of education for K-12
school districts. It must appear on the front of each community college's homepage.
The size of the icon may be reduced to 150 x 150 pixels.
(3) The state budget director shall
determine whether a community college has
complied with this section. The
state budget director may withhold a community
college's monthly installments
described in section 206 until the community college
complies with this section. The
state budget director shall notify the chairs of the
house and senate appropriations
subcommittee on community colleges at least 10 days
before withholding funds from any
community college.
(3) (4)
Each community college shall report the following information to the
senate and house appropriations subcommittees on community colleges, the senate and
house fiscal agencies, and the state budget office by November 15 of each fiscal year
and post that information on its website as required under subsection (1):
(a) Budgeted CURRENT fiscal
year 2015-2016 general fund revenue from tuition and
fees.
(b) Budgeted CURRENT fiscal
year 2015-2016 general fund revenue from state
appropriations.
(c) Budgeted CURRENT fiscal
year 2015-2016 general fund revenue from property
taxes.
(d) Budgeted CURRENT fiscal
year 2015-2016 total general fund revenue.
(e) Budgeted CURRENT fiscal
year 2015-2016 total general fund expenditures.
(4) (5)
By November 15 of each year, a community college shall report the
following information to the center for
educational performance and information and
post the information on its website under the budget transparency icon badge:
(a) Opportunities for earning college credit through the following programs:
(i) State approved career and technical education or a tech prep articulated
program of study.
(ii) Direct college credit or concurrent enrollment.
(iii) Dual enrollment.
(iv) An early college/middle college program.
(b) For each program described in subdivision (a) that the community college
offers, all of the following information:
(i) The number of high school students participating in the program.
(ii) The number of school districts that participate in the program with the
community college.
(iii) Whether a college professor, qualified local school district employee, or
other individual teaches the course or courses in the program.
(iv) The total cost to the community college to operate the program.
(v) The cost per credit hour for the course or courses in the program.
(vi) The location where the course or courses in the program are held.
(vii) Instructional resources offered to the program instructors.
(viii) Resources offered to the student in the program.
(ix) Transportation services provided to students in the program.
Sec. 210b. (1) It is the intent of the
legislature that the Michigan Association
of Collegiate Registrars and
Admissions Officers implement any agreement or agreements
among the community colleges and
universities concerning the transferability of
college courses resulting from the
recommendations of the committee created under
former section 210a.
(2) It is the intent of the legislature
that the Michigan Association of
Collegiate Registrars and Admissions
Officers, the Michigan Community College
Association, and the Presidents
Council, State Universities of Michigan shall together
submit an implementation update
report to the senate and house appropriations
subcommittees on community colleges
and higher education, the senate and house fiscal
agencies, and the state budget
director by March 1, 2016. The
Michigan Community
College Association and the Michigan Association of State Universities shall issue an
implementation report on the Michigan Transfer Agreement by March 1, 2017. The report
shall include a summary of the implementation issues faced by the institutions and
strategies being considered to remedy those issues, as well as an update on progress
made on outstanding issues identified in the March 1, 2016 report.
Sec. 217. (1) The workforce development
agency CENTER shall do all of the
following:
(a) Establish, maintain, and coordinate the state community college database
commonly known as the "activities classification structure" or "ACS" database.
(b) Collect data concerning community colleges and community college programs in
this state, including data required by law.
(c) Establish procedures to ensure the validity and reliability of the data and
the collection process.
(d) Develop model data collection policies, including, but not limited to,
policies that ensure the privacy of any individual student data. Privacy policies
shall ensure that student social security numbers are not released to the public for
any purpose.
(e) Provide data in a useful manner to allow state policymakers and community
college officials to make informed policy decisions.
(f) Assist community colleges in complying with audits under this section or
federal law.
(2) There is created within the workforce
development agency CENTER the
activities classification structure advisory committee. The committee shall provide
advice to the director of the workforce
development agency CENTER regarding the
management of the state community college database, including, but not limited to:
(a) Determining what data are necessary to collect and maintain to enable state
and community college officials to make informed policy decisions.
(b) Defining the roles of all stakeholders in the data collection system.
(c) Recommending timelines for the implementation and ongoing collection of data.
(d) Establishing and maintaining data definitions, data transmission protocols,
and system specifications and procedures for the efficient and accurate transmission
and collection of data.
(e) Establishing and maintaining a process for ensuring the accuracy of the data.
(f) Establishing and maintaining policies related to data collection, including,
but not limited to, privacy policies related to individual student data.
(g) Ensuring that the data are made available to state policymakers and citizens
of this state in the most useful format possible.
(h) Addressing other matters as determined by
the director of the workforce
development agency CENTER or as required by law.
(3) The activities classification structure advisory committee created in
subsection (2) shall consist of the following members:
(a) One representative from the house fiscal agency, appointed by the director of
the house fiscal agency.
(b) One representative from the senate fiscal agency, appointed by the director
of the senate fiscal agency.
(c) One representative from the workforce development agency, appointed by the
director of the workforce development agency.
(d) One representative from the center, appointed by the director of the center.
(E) (d) One representative from the state
budget office, appointed by the state
budget director.
(F) (e) One representative from the
governor's policy office, appointed by that
office.
(G) (f) Four representatives of the
Michigan Community College Association,
appointed by the president of the association. From the groupings of community
colleges given in table 17 of the activities classification structure database
described in subsection (1), the association shall appoint 1 representative each from
group 1, group 2, and group 3, and 1 representative from either group 3 or 4.
Sec. 219. By June 30 OCTOBER 15 of each year, each community college shall
provide its longitudinal data system data set for the preceding academic year to the
center for educational performance and information
for inclusion in the statewide P-20
education longitudinal data system described in section 94a OF THIS ACT.
Sec. 220. (1) The auditor general or a certified public accountant appointed by
the auditor general may conduct performance audits of community colleges as the
auditor general considers necessary.
(2) Within 60 days after an audit report is released by the office of the auditor
general, the principal executive officer of the community college that was audited
shall submit to the house and senate appropriations committees, the house and senate
fiscal agencies, the workforce development agency,
the auditor general, and the state
budget director a plan to comply with audit recommendations. The plan shall contain
projected dates and resources required, if any, to achieve compliance with the audit
recommendations, or a documented explanation of the college's noncompliance with the
audit recommendations concerning the matters on which the audited community college
and office of the auditor general disagree.
Sec. 222. Each community college shall have an annual audit of all income and
expenditures performed by an independent auditor and shall furnish the independent
auditor's management letter and an annual audited accounting of all general and
current funds income and expenditures including audits of college foundations to the
members of the senate and house appropriations subcommittees on community colleges,
the senate and house fiscal agencies, the auditor general, the workforce development
agency, THE CENTER, and the state budget director before November 15 of each year. If
a community college fails to furnish the audit materials, the monthly state aid
installments shall be withheld from that college until the information is submitted.
All reporting shall conform to the requirements set forth in the "2001 Manual for
Uniform Financial Reporting, Michigan Public Community Colleges". A community college
shall make the information the community college is required to provide under this
section available to the public on its website.
Sec. 224. A community college shall use the P-20 longitudinal data system to
inform interested Michigan high schools and the public of the aggregate academic
status of its students for the previous academic year, in a manner prescribed by the
Michigan community college association and in cooperation with the Michigan
association of secondary school principals. Community colleges shall cooperate with
the center for educational performance and
information to maintain a systematic
approach for accomplishing this work.
Sec. 225. Each community college shall report to the house and senate fiscal
agencies, the state budget director, and the workforce
development agency CENTER by
August 31, 2015, 2016, the tuition and mandatory fees paid by a full-time in-district
student and a full-time out-of-district student as established by the college
governing board for the 2015-2016 2016-2017 academic year. This report should also
include the annual cost of attendance based on a full-time course load of 30 credits.
Each community college shall also report any
revisions to the reported 2015-2016 2016-
2017 academic year tuition and mandatory fees adopted by the college governing board
to the house and senate fiscal agencies, the state budget
director, and the workforce
development agency CENTER within 15 days of being adopted.
Sec. 226. Each community college shall report
to the workforce development agency
CENTER the numbers and type of associate degrees and other certificates awarded during
the previous fiscal year. The report shall be made not later than November 15 of each
year. Community colleges shall work with the workforce
development agency and the
center for educational performance and information
to develop a systematic approach
for meeting this requirement.
Sec. 229a. Included in the fiscal year 2015-2016
2016-2017 appropriations for the
department of technology, management, and budget are appropriations totaling
$29,479,600.00 $30,879,600.00 to provide funding for the state
share of costs for
previously constructed capital projects for community colleges. Those appropriations
for state building authority rent represent additional state general fund support for
community colleges, and the following is an estimate of the amount of that support to
each community college:
(a) Alpena Community College, $652,700.00.
$632,500.00.
(b) Bay de Noc Community College, $685,900.00.
$685,100.00.
(c) Delta College, $3,510,900.00. $3,360,600.00.
(d) Glen Oaks Community College, $123,100.00.
$124,500.00.
(e) Gogebic Community College, $67,600.00.
$56,700.00.
(f) Grand Rapids Community College, $2,126,000.00.
$2,083,500.00.
(g) Henry Ford College, $1,028,500.00. $1,040,300.00.
(h) Jackson College, $1,677,800.00. $2,273,800.00.
(i) Kalamazoo Valley Community College, $1,557,700.00.
$2,030,900.00.
(j) Kellogg Community College, $520,200.00.
$526,200.00.
(k) Kirtland Community College, $363,200.00.
$367,300.00.
(l) Lake Michigan College, $340,200.00.
$344,100.00.
(m) Lansing Community College, $1,282,200.00.
$1,154,600.00.
(n) Macomb Community College, $1,377,400.00.
$1,715,700.00.
(o) Mid Michigan Community College, $1,712,600.00.
$1,634,300.00.
(p) Monroe County Community College, $1,263,600.00.
$1,278,100.00.
(q) Montcalm Community College, $971,500.00.
$982,600.00.
(r) C.S. Mott Community College, $1,803,900.00.
$1,497,600.00.
(s) Muskegon Community College, $267,800.00.
$623,500.00.
(t) North Central Michigan College, $469,400.00.
$417,900.00.
(u) Northwestern Michigan College, $1,305,600.00.
$1,320,600.00.
(v) Oakland Community College, $465,200.00.
$470,500.00.
(w) St. Clair County Community College,
SCHOOLCRAFT COLLEGE, $356,200.00.
$1,564,400.00.
(x) Schoolcraft College, SOUTHWESTERN MICHIGAN COLLEGE, $1,546,700.00.
$574,800.00.
(y) Southwestern Michigan College, ST. CLAIR COUNTY COMMUNITY COLLEGE,
$286,900.00. $360,200.00.
(z) Washtenaw Community College, $1,676,800.00.
$1,696,000.00.
(aa) Wayne County Community College, $1,462,700.00.
$1,479,400.00.
(bb) West Shore Community College, $577,300.00.
$583,900.00.
Sec. 230. (1) Money included in the appropriations for community college
operations under section 201(2) in fiscal year 2015-2016
2016-2017 for performance
funding is distributed based on the following formula:
(a) Allocated proportionate to fiscal year 2014-2015
2015-2016 base
appropriations, 50%. 30%.
(b) Based on contact hour equated students,
10%. A WEIGHTED
STUDENT CONTACT HOUR
FORMULA AS PROVIDED FOR IN THE 2016 RECOMMENDATIONS OF THE PERFORMANCE INDICATORS TASK
FORCE, 30%.
(c) Based on administrative costs, 7.5%.
WEIGHTED COMPLETIONS IN CRITICAL SKILLS
AREAS, 20%.
(d) Based on a weighted degree formula as
provided for in the 2006
recommendations of the performance
indicators task force, 17.5%. THE COMPLETION
IMPROVEMENT RATE FOR DEGREES, CERTIFICATES, AND TRANSFERS, 10%.
(e) Based on the local strategic value
component, as developed in cooperation
with the Michigan Community College
Association and described in subsection (2), 15%.
ADMINISTRATIVE COSTS, 5%.
(F) BASED ON THE LOCAL STRATEGIC VALUE COMPONENT, AS DEVELOPED IN COOPERATION
WITH THE MICHIGAN COMMUNITY COLLEGE ASSOCIATION AND DESCRIBED IN SUBSECTION (2), 5%.
(2) Money included in the appropriations for community college operations under
section 201(2) for local strategic value shall be allocated to each community college
that certifies to the state budget director, through a board of trustees resolution on
or before October 15, 2015, 2016, that the college has met 4 out of 5 best practices
listed in each category described in subsection (3). The resolution shall provide
specifics as to how the community college meets each best practice measure within each
category. One-third of funding available under the strategic value component shall be
allocated to each category described in subsection (3). Amounts distributed under
local strategic value shall be on a proportionate basis to each college's fiscal year
2014-2015 2015-2016 operations funding. Payments to
community colleges that qualify
for local strategic value funding shall be distributed with the November installment
payment described in section 206.
(3) For purposes of subsection (2), the following categories of best practices
reflect functional activities of community colleges that have strategic value to the
local communities and regional economies:
(a) For Category A, economic development and business or industry partnerships,
the following:
(i) The community college has active partnerships with local employers including
hospitals and health care providers.
(ii) The community college provides customized on-site training for area
companies, employees, or both.
(iii) The community college supports entrepreneurship through a small business
assistance center or other training or consulting activities targeted toward small
businesses.
(iv) The community college supports technological advancement through industry
partnerships, incubation activities, or operation of a Michigan technical education
center or other advanced technology center.
(v) The community college has active partnerships with local or regional
workforce and economic development agencies.
(b) For Category B, educational partnerships, the following:
(i) The community college has active partnerships with regional high schools,
intermediate school districts, and career-tech centers to provide instruction through
dual enrollment, concurrent enrollment, direct credit, middle college, or academy
programs.
(ii) The community college hosts, sponsors, or participates in enrichment
programs for area K-12 students, such as college days, summer or after-school
programming, or science Olympiad.
(iii) The community college provides, supports, or participates in programming to
promote successful transitions to college for traditional age students, including
grant programs such as talent search, upward bound, or other activities to promote
college readiness in area high schools and community centers.
(iv) The community college provides, supports, or participates in programming to
promote successful transitions to college for new or reentering adult students, such
as adult basic education, general education
development HIGH SCHOOL EQUIVALENCY
certificate preparation and testing, or recruiting, advising, or orientation
activities specific to adults.
(v) The community college has active partnerships with regional 4-year colleges
and universities to promote successful transfer, such as articulation, 2+2, or reverse
transfer agreements or operation of a university center.
(c) For Category C, community services, the following:
(i) The community college provides continuing education programming for leisure,
wellness, personal enrichment, or professional development.
(ii) The community college operates or sponsors opportunities for community
members to engage in activities that promote leisure, wellness, cultural or personal
enrichment such as community sports teams, theater or musical ensembles, or artist
guilds.
(iii) The community college operates public facilities to promote cultural,
educational, or personal enrichment for community members, such as libraries, computer
labs, performing arts centers, museums, art galleries, or television or radio
stations.
(iv) The community college operates public facilities to promote leisure or
wellness activities for community members, including gymnasiums, athletic fields,
tennis courts, fitness centers, hiking or biking trails, or natural areas.
(v) The community college promotes, sponsors, or hosts community service
activities for students, staff, or community members.
(4) Payments for performance funding under section 201(2) shall be made to a
community college only if that community college actively participates in the Michigan
transfer network sponsored by the Michigan Association of Collegiate Registrars and
Admissions Officers and submits timely updates, including updated course equivalencies
at least every 6 months, to the Michigan transfer network. The state budget director
shall determine if a community college has not satisfied this requirement. The state
budget director may withhold payments for performance funding until a community
college is in compliance with this section.
ARTICLE III
STATE AID FOR UNIVERSITIES AND STUDENT FINANCIAL AID
Sec. 236. (1) Subject to the conditions set forth in this article, the amounts
listed in this section are appropriated for higher education for the fiscal year
ending September 30, 2016, 2017, from the funds indicated in this section. The
following is a summary of the appropriations in this section:
(a) The gross appropriation is $1,534,724,400.00.
$1,598,654,400.00. After
deducting total interdepartmental grants and intradepartmental transfers in the amount
of $0.00, the adjusted gross appropriation is $1,534,724,400.00.
$1,598,654,400.00.
(b) The sources of the adjusted gross appropriation described in subdivision (a)
are as follows:
(i) Total federal revenues, $97,026,400.00.
$99,026,400.00.
(ii) Total local revenues, $0.00.
(iii) Total private revenues, $0.00.
(iv) Total other state restricted
revenues, $205,279,500.00. $237,209,500.00.
(v) State general fund/general purpose
money, $1,232,418,500.00.
$1,262,418,500.00.
(2) Amounts appropriated for public universities are as follows:
(a) The appropriation for Central Michigan
University is $80,904,400.00,
$79,164,800.00 $85,332,200.00,
$81,127,100.00 for
operations and $1,739,600.00
$4,205,100.00 for performance funding.
(b) The appropriation for Eastern Michigan
University is $72,835,300.00,
$71,782,500.00, $75,105,400.00,
$71,782,500.00 for
operations and $1,052,800.00,
$3,322,900.00 for performance funding.
(c) The appropriation for Ferris State
University is $50,227,800.00,
$49,119,100.00 $53,210,000.00,
$50,369,800.00 for
operations and $1,108,700.00,
$2,840,200.00 for performance funding.
(d) The appropriation for Grand Valley State
University is $65,035,200.00,
$63,156,500.00 $69,712,000.00,
$65,275,700.00 for
operations and $1,878,700.00
$4,436,300.00 for performance funding.
(e) The appropriation for Lake Superior State
University is $13,183,600.00,
12,997,500.00 $13,748,400.00,
$13,207,400.00 for
operations and $186,100.00
$541,000.00 for performance funding.
(f) The appropriation for Michigan State
University is $328,782,000.00,
$264,437,900.00 $341,041,900.00,
$268,770,700.00 for
operations, $3,841,000.00
$10,355,500.00
for performance funding, $32,508,300.00 $33,243,100.00
for MSU
AgBioResearch, and $27,994,800.00 $28,672,600.00 for MSU Extension.
(g) The appropriation for Michigan
Technological University is $46,662,000.00,
$45,938,000.00 $48,772,500.00,
$46,754,700.00 for
operations and $724,000.00
$2,017,800.00 for performance funding.
(h) The appropriation for Northern Michigan
University is $45,020,400.00,
$44,338,300.00 $46,868,000.00,
$45,107,700.00 for operations
and $682,100.00
$1,760,300.00 for performance funding.
(i) The appropriation for Oakland University
is $49,600,300.00, $48,371,900.00
$51,300,200.00, $48,371,900.00 for operations and $1,228,400.00 $2,928,300.00 for
performance funding.
(j) The appropriation for Saginaw Valley State
University is $28,117,700.00,
$27,621,600.00 $29,582,900.00,
$28,181,200.00 for
operations and $496,100.00
$1,401,700.00 for performance funding.
(k) The appropriation for University of
Michigan – Ann Arbor is $299,430,600.00,
$295,178,500.00 $312,693,500.00,
$299,975,000.00 for
operations and $4,252,100.00
$12,718,500.00 for performance funding.
(l) The appropriation for University of
Michigan – Dearborn is $23,995,400.00,
$23,701,000.00 $25,190,500.00,
$24,033,100.00 for
operations and $294,400.00
$1,157,400.00 for performance funding.
(m) The appropriation for University of
Michigan – Flint is $21,763,700.00,
$21,359,600.00 $22,918,300.00,
$21,815,400.00 for
operations and $404,100.00
$1,102,900.00 for performance funding.
(n) The appropriation for Wayne State
University is $191,346,700.00,
$190,529,900.00 $198,082,800.00, $191,451,300.00 for operations and $816,800.00
$6,631,500.00 for performance funding.
(o) The appropriation for Western Michigan
University is $104,155,600.00,
$102,761,100.00 $108,702,100.00,
$104,334,100.00 for
operations and $1,394,500.00
$4,368,000.00 for performance funding.
(3) The amount appropriated in subsection (2) for public universities is
appropriated from the following:
(a) State school aid fund, $200,019,500.00.
$231,219,500.00.
(b) State general fund/general purpose money, $1,221,041,200.00.
$1,251,041,200.00.
(4) The amount appropriated for Michigan public school employees' retirement
system reimbursement is $5,160,000.00, $5,890,000.00, appropriated from the state
school aid fund.
(5) The amount appropriated for state and regional programs is $315,000.00,
appropriated from general fund/general purpose money and allocated as follows:
(a) Higher education database modernization and conversion, $200,000.00.
(b) Midwestern Higher Education Compact, $115,000.00.
(6) The amount appropriated for the Martin Luther King, Jr. - Cesar Chavez - Rosa
Parks program is $2,691,500.00, appropriated from general fund/general purpose money
and allocated as follows:
(a) Select student support services, $1,956,100.00.
(b) Michigan college/university partnership program, $586,800.00.
(c) Morris Hood, Jr. educator development program, $148,600.00.
(7) Subject to subsection (8), the amount appropriated for grants and financial
aid is $105,497,200.00, $107,497,200.00, allocated as follows:
(a) State competitive scholarships, $18,361,700.00.
(b) Tuition grants, $34,035,500.00.
(c) Tuition incentive program, $48,500,000.00.
$50,500,000.00.
(d) Children of veterans and officer's survivor tuition grant programs,
$1,400,000.00.
(e) Project GEAR-UP, $3,200,000.00.
(8) The money appropriated in subsection (7) for grants and financial aid is
appropriated from the following:
(a) Federal revenues under the United States Department of Education, Office of
Elementary and Secondary Education, GEAR-UP program, $3,200,000.00.
(b) Federal revenues under the social security act, temporary assistance for
needy families, $93,826,400.00. $95,826,400.00.
(c) Contributions to children of veterans tuition grant program, $100,000.00.
(d) State general fund/general purpose money, $8,370,800.00.
Sec. 236b. In addition to the funds appropriated in section 236, there is
appropriated for grants and financial aid in fiscal
year 2015-2016 2016-2017 an amount
not to exceed $6,000,000.00 for federal contingency funds. These funds are not
available for expenditure until they have been transferred under section 393(2) of the
management and budget act, 1984 PA 431, MCL 18.1393, for another purpose under this
article.
Sec. 236c. In addition to the funds
appropriated for fiscal year 2015-2016 2016-
2017 in section 236, appropriations to the department of technology, management, and
budget in the act providing general appropriations
for fiscal year 2015-2016 2016-2017
for state building authority rent, totaling an
estimated $135,995,300.00,
$144,995,300.00, provide funding for the state share of costs for previously
constructed capital projects for state universities. These appropriations for state
building authority rent represent additional state general fund support provided to
public universities, and the following is an estimate of the amount of that support to
each university:
(a) Central Michigan University, $9,551,800.00.
$11,819,500.00.
(b) Eastern Michigan University, $4,860,900.00.
$4,868,000.00.
(c) Ferris State University, $6,251,200.00.
$6,260,300.00.
(d) Grand Valley State University, $6,952,300.00.
$6,635,900.00.
(e) Lake Superior State University, $1,720,300.00.
$1,722,800.00.
(f) Michigan State University, $16,549,200.00.
$18,827,000.00.
(g) Michigan Technological University, $7,443,400.00.
$6,793,200.00.
(h) Northern Michigan University, $9,706,200.00.
$9,447,600.00.
(i) Oakland University, $12,993,400.00.
$12,685,900.00.
(j) Saginaw Valley State University, $9,865,800.00.
$10,331,000.00.
(k) University of Michigan - Ann Arbor, $9,607,800.00.
$11,875,600.00.
(l) University of Michigan - Dearborn, $6,745,200.00.
$9,008,800.00.
(m) University of Michigan - Flint, $3,104,000.00.
$4,357,600.00.
(n) Wayne State University, $15,703,000.00.
$15,399,400.00.
(o) Western Michigan University, $14,940,800.00.
$14,962,700.00.
Sec. 237b. As used in this article, the term "workforce development agency" means
the workforce development agency of the Michigan
strategic fund. WITHIN THE DEPARTMENT
OF TALENT AND ECONOMIC DEVELOPMENT – TALENT INVESTMENT AGENCY.
Sec. 241. (1) Subject to sections 244 and 265a, the funds appropriated in section
236 to public universities shall be paid out of the state treasury and distributed by
the state treasurer to the respective institutions in 11 equal monthly installments on
the sixteenth of each month, or the next succeeding business day, beginning with
October 16, 2015 2016. Except for Wayne State University, each institution shall
accrue its July and August 2016 2017 payments to its institutional fiscal year ending
June 30, 2016 2017.
(2) All public universities shall submit higher education institutional data
inventory (HEIDI) data and associated financial and program information requested by
and in a manner prescribed by the state budget director. For public universities with
fiscal years ending June 30, 2015 2016, these data shall be submitted to the state
budget director by October 15, 2015 2016. Public universities with a fiscal year
ending September 30, 2015 2016 shall submit preliminary HEIDI data by November 15,
2015 2016
and final data by
December 15, 2015 2016. If a public university fails to
submit HEIDI data and associated financial aid program information in accordance with
this reporting schedule, the state treasurer may withhold the monthly installments
under subsection (1) to the public university until those data are submitted.
Sec. 242. Funds received by the state from the federal government or private
sources for the use of a college or university are appropriated for the purposes for
which they are provided. The acceptance and use of
federal or private funds do not
place an obligation on the
legislature to continue the purposes for which the funds
are made available.
Sec. 245. (1) A public university shall maintain a public transparency website
available through a link on its website homepage. The public university shall update
this website within 30 days after the university's governing board adopts its annual
operating budget for the next academic year, or after the governing board adopts a
subsequent revision to that budget.
(2) The website required under subsection (1) shall include all of the following
concerning the public university:
(a) The annual operating budget and subsequent budget revisions.
(b) A summary of current expenditures for the most recent fiscal year for which
they are available, expressed as pie charts in the following 2 categories:
(i) A chart of personnel expenditures, broken into the following subcategories:
(A) Earnings and wages.
(B) Employee benefit costs, including, but not limited to, medical, dental,
vision, life, disability, and long-term care benefits.
(C) Retirement benefit costs.
(D) All other personnel costs.
(ii) A chart of all current expenditures the public university reported as part
of its higher education institutional data inventory data under section 241(2), broken
into the same subcategories in which it reported those data.
(c) Links to all of the following for the public university:
(i) The current collective bargaining agreement for each bargaining unit.
(ii) Each health care benefits plan, including, but not limited to, medical,
dental, vision, disability, long-term care, or any other type of benefits that would
constitute health care services, offered to any bargaining unit or employee of the
public university.
(iii) Audits and financial reports for the most recent fiscal year for which they
are available.
(iv) Campus security policies and crime statistics pursuant to the student right-
to-know and campus security act, Public Law 101-542, 104 Stat. 2381. Information shall
include all material prepared pursuant to the public information reporting
requirements under the crime awareness and campus security act of 1990, title II of
the student right-to-know and campus security act, Public Law 101-542, 104 Stat. 2381.
(d) A list of all positions funded partially or wholly through institutional
general fund revenue that includes the position title and annual salary or wage amount
for each position.
(e) General fund revenue and expenditure projections for the current fiscal year
and the next fiscal year.
(f) A listing of all debt service obligations, detailed by project, anticipated
fiscal year payment for each project, and total outstanding debt for the current
fiscal year.
(g) The institution's policy regarding the transferability of core college
courses between community colleges and the university.
(h) A listing of all community colleges that have entered into reverse transfer
agreements with the university.
(3) On the website required under subsection (1), a public university shall
provide a dashboard or report card demonstrating the university's performance in
several "best practice" measures. The dashboard or report card shall include at least
all of the following for the 3 most recent academic years for which the data are
available:
(a) Enrollment.
(b) Student retention rate.
(c) Six-year graduation rates.
(d) Number of Pell grant recipients and graduating Pell grant recipients.
(e) Geographic origination of students, categorized as in-state, out-of-state,
and international.
(f) Faculty to student ratios and total university employee to student ratios.
(g) Teaching load by faculty classification.
(h) Graduation outcome rates, including employment and continuing education.
(4) For statewide consistency and public visibility, public universities must use
the icon badge provided by the department of technology, management, and budget
consistent with the icon badge developed by the department of education for K-12
school districts. It must appear on the front of each public university's homepage.
The size of the icon may be reduced to 150 x 150 pixels. The font size and style for
this reporting must be consistent with other documents on each university's website.
(5) The state budget director shall
determine whether a public university has
complied with this section. The
state budget director may withhold a public
university's monthly installments
described in section 241 until the public university
complies with this section.
(5) (6)
By November 15 of each year, a public university shall report the
following information to the center for educational performance and information and
post the information on its website under the budget transparency icon badge:
(a) Opportunities for earning college credit through the following programs:
(i) State approved career and technical education or a tech prep articulated
program of study.
(ii) Direct college credit or concurrent enrollment.
(iii) Dual enrollment.
(iv) An early college/middle college program.
(b) For each program described in subdivision (a) that the public university
offers, all of the following information:
(i) The number of high school students participating in the program.
(ii) The number of school districts that participate in the program with the
public university.
(iii) Whether a university professor, qualified local school district employee,
or other individual teaches the course or courses in the program.
(iv) The total cost to the public university to operate the program.
(v) The cost per credit hour for the course or courses in the program.
(vi) The location where the course or courses in the program are held.
(vii) Instructional resources offered to the program instructors.
(viii) Resources offered to the student in the program.
(ix) Transportation services provided to students in the program.
Sec. 246. (1) All of the following apply to
the allocation of the fiscal year
2015-2016 appropriations described in section
236(4) for payments to universities
that are participating entities of the Michigan public school employees' retirement
system:
(a) The funds appropriated in section 236(4) for Michigan public school
employees' retirement system reimbursement shall be allocated to each participating
public university under this section based on each participating public university's
percentage of the total combined payrolls of the universities' employees who are
members of the retirement system and who were hired before January 1, 1996 and the
universities' employees who would have been members of the retirement system on or
after January 1, 1996, but for the enactment of 1995 PA 272 for all public
universities that are participating public universities for the immediately preceding
state fiscal year.
(b) The amount of a payment under section 236(4) shall be equal to the difference
between the unfunded actuarial accrued liability contribution rate for university
reporting units as calculated under section 41 of the public school employees
retirement act of 1979, 1980 PA 300, MCL 38.1341, as calculated without taking into
account the maximum employer rate of 25.73% included in section 41 of the public
school employees retirement act of 1979, 1980 PA 300, MCL 38.1341, and the maximum
employer rate for university reporting units of 25.73% under section 41 of the public
school employees retirement act of 1979, 1980 PA 300, MCL 38.1341. Payments shall be
made in a form and manner determined by the office of retirement services.
(c) A public university that receives money under section 236(4) shall use that
money solely for the purpose of retirement contributions. Each participating
university that receives funds under section 236(4) shall forward an amount equal to
the amount received under section 236(4) to the Michigan public school employees'
retirement system in a form and manner determined by the office of retirement
services.
(2) As used in this section, "participating public university" means a public
university that is a reporting unit of the Michigan public school employees'
retirement system under the public school employees retirement act of 1979, 1980 PA
300, MCL 38.1301 to 38.1437, and that pays contributions to the Michigan public school
employees' retirement system for the state fiscal year.
Sec. 252. (1) The amounts appropriated in section 236 for the state tuition grant
program shall be distributed pursuant to 1966 PA 313, MCL 390.991 to 390.997a.
(2) Tuition grant awards shall be made to all eligible Michigan residents
enrolled in undergraduate degree programs who are
qualified and who apply before July
1 March 1 of
each year for the next academic year.
(3) Pursuant to section 5 of 1966 PA 313, MCL 390.995, and subject to subsections
(7) (6) and (8) (7), the department of treasury shall determine an actual maximum
tuition grant award per student, which shall be no less than $1,512.00, that ensures
that the aggregate payments for the tuition grant program do not exceed the
appropriation contained in section 236 for the state tuition grant program. If the
department determines that insufficient funds are available to establish a maximum
award amount equal to at least $1,512.00, the department shall immediately report to
the house and senate appropriations subcommittees on higher education, the house and
senate fiscal agencies, and the state budget director regarding the estimated amount
of additional funds necessary to establish a $1,512.00 maximum award amount. If the
department determines that sufficient funds are available to establish a maximum award
amount equal to at least $1,512.00, the department shall immediately report to the
house and senate appropriations subcommittees on higher education, the house and
senate fiscal agencies, and the state budget director regarding the maximum award
amount established and the projected amount of any projected year-end appropriation
balance based on that maximum award amount. By February 18 of each fiscal year, the
department shall analyze the status of award commitments, shall make any necessary
adjustments, and shall confirm that those award commitments will not exceed the
appropriation contained in section 236 for the tuition grant program. The
determination and actions shall be reported to the state budget director and the house
and senate fiscal agencies no later than the final day of February of each year. If
award adjustments are necessary, the students shall be notified of the adjustment by
March 4 of each year.
(4) Any unexpended and unencumbered funds
remaining on September 30, 2016 from
the amounts appropriated in section
236 for the tuition grant program for fiscal year
2015-2016 shall not lapse on
September 30, 2016, but shall continue to be available
for expenditure for tuition grants
provided in the 2016-2017 fiscal year under a work
project account. The use of these
unexpended fiscal year 2015-2016 funds shall
terminate at the end of the
2016-2017 fiscal year.
(4) (5)
The department of treasury shall continue a proportional tuition grant
maximum award level for recipients enrolled less than full-time in a given semester or
term.
(5)(6) If the department of treasury
increases the maximum award per eligible
student from that provided in the previous fiscal year, it shall not have the effect
of reducing the number of eligible students receiving awards in relation to the total
number of eligible applicants. Any increase in the maximum grant shall be proportional
for all eligible students receiving awards for that fiscal year.
(6) (7)
Except as provided in subsection (4), the THE department
of treasury
shall not award more than $3,200,000.00 $3,000,000.00 in tuition grants to eligible
students enrolled in the same independent nonprofit college or university in this
state. Any decrease in the maximum grant shall be proportional for all eligible
students enrolled in that college or university, as determined by the department.
(7) (8)
The department of treasury shall not award tuition grants to otherwise
eligible students enrolled in an independent college or university that does not
report, in a form and manner directed by and satisfactory to the department of
treasury, by September 30 of each year, all of the following:
(a) The number of students in the most recently completed academic year who in
any academic year received a state tuition grant at the reporting institution and
successfully completed a program or graduated.
(b) The number of students in the most recently completed academic year who in
any academic year received a state tuition grant at the reporting institution and took
a remedial education class.
(c) The number of students in the most recently completed academic year who in
any academic year received a Pell grant at the reporting institution and successfully
completed a program or graduated.
(8) (9)
By February 1, 2016 2017, each independent college and
university
participating in the tuition grant program shall report to the senate and house
appropriations subcommittees on higher education, the senate and house fiscal
agencies, and the state budget director on its efforts to develop and implement sexual
assault response training for the institution's title IX coordinator, campus law
enforcement personnel, campus public safety personnel, and any other campus personnel
charged with responding to on-campus incidents, including information on sexual
assault response training materials and the status of implementing sexual assault
response training for institutional personnel.
Sec. 254. (1) The sums appropriated in section 236 for the state competitive
scholarship, tuition incentive, and tuition
grant program shall be paid out of the
state treasury and shall be distributed to the respective institutions under a
quarterly payment system as follows: 50% shall be paid at the beginning of the state's
first fiscal quarter, 30% during the state's second fiscal quarter, 10% during the
state's third fiscal quarter, and 10% during the state's fourth fiscal quarter.
(2) THE TUITION INCENTIVE PROGRAM SHALL BE DISTRIBUTED TO THE RESPECTIVE
INSTITUTIONS UNDER A QUARTERLY PAYMENT SYSTEM AS FOLLOWS: 55% SHALL BE PAID AT THE
BEGINNING OF THE STATE’S FIRST FISCAL QUARTER, 40% DURING THE STATE’S SECOND FISCAL
QUARTER, AND 5% DURING THE STATE’S THIRD FISCAL QUARTER.
Sec. 256. (1) The funds appropriated in section 236 for the tuition incentive
program shall be distributed as provided in this section and pursuant to the
administrative procedures for the tuition incentive program of the department of
treasury.
(2) As used in this section:
(a) "Phase I" means the first part of the tuition incentive assistance program
defined as the academic period of 80 semester or 120 term credits, or less, leading to
an associate degree or certificate.
(b) "Phase II" means the second part of the tuition incentive assistance program
which provides assistance in the third and fourth year of 4-year degree programs.
(c) "Department" means the department of treasury.
(3) BEGINNING IN FISCAL YEAR 2017-2018, THE DEPARTMENT SHALL NOT AWARD MORE THAN
$8,500,000.OO ANNUALLY IN TUITION INCENTIVE PROGRAM FUNDS TO ELIGIBLE STUDENTS
ENROLLED IN THE SAME COLLEGE OR UNIVERSITY IN THIS STATE.
(4) (3)
An individual shall meet the following basic criteria and financial
thresholds to be eligible for tuition incentive PROGRAM benefits:
(a) To be eligible for phase I, an individual shall meet all of the following
criteria:
(i) Apply for certification to the department any time after he or she begins the
sixth grade but before August 31 of the school year in which he or she graduates from
high school or before completing a general
education development HIGH SCHOOL
EQUIVALENCY certificate.
(ii) Be less than 20 years of age at the time he or she graduates from high
school with a diploma or certificate of completion or
completes a general education
development HIGH
SCHOOL EQUIVALENCY
certificate.
(iii) Be a United States citizen and a resident of Michigan according to
institutional criteria.
(iv) Be at least a half-time student, earning less than 80 semester or 120 term
credits at a participating educational institution within 4 years of high school
graduation or completion of a general education
development HIGH SCHOOL EQUIVALENCY
certificate.
(v) Request information on filing a FAFSA.
(vi) Must meet the satisfactory academic progress policy of the educational
institution he or she attends.
(b) To be eligible for phase II, an individual shall meet either of the following
criteria in addition to the criteria in subdivision (a):
(i) Complete at least 56 transferable semester or 84 transferable term credits.
(ii) Obtain an associate degree or certificate at a participating institution.
(c) To be eligible for phase I or phase II, an individual must not be
incarcerated and must be financially eligible as determined by the department. An
individual is financially eligible for the tuition incentive program if he or she was
eligible for Medicaid from the state of Michigan for 24 months within the 36
CONSECUTIVE months before application. The department shall accept certification of
Medicaid eligibility only from the department of health and human services for the
purposes of verifying if a person is Medicaid eligible for 24 months within the 36
CONSECUTIVE months before application. Certification of eligibility may begin in the
sixth grade. As used in this subdivision, "incarcerated" does not include detention of
a juvenile in a state-operated or privately operated juvenile detention facility.
(5) (4)
For phase I, the department shall provide payment on behalf of a person
eligible under subsection (3). (4). The department shall reject billings that are
excessive or outside the guidelines for the type of educational institution.
(6) (5)
For phase I, all of the following apply:
(a) Payments for associate degree or certificate programs shall not be made for
more than 80 semester or 120 term credits for any individual student at any
participating institution.
(b) For persons enrolled at a Michigan community college, the department shall
pay the current in-district tuition and mandatory fees. For persons residing in an
area that is not included in any community college district, the out-of-district
tuition rate may be authorized.
(c) For persons enrolled at a Michigan public university, the department shall
pay lower division resident tuition and mandatory fees for the current year.
(d) For persons enrolled at a Michigan independent, nonprofit degree-granting
college or university, or a Michigan federal tribally controlled community college, or
Focus: HOPE, the department shall pay mandatory fees for the current year and a per-
credit payment that does not exceed the average community college in-district per-
credit tuition rate as reported on August 1, for the immediately preceding academic
year.
(7) (6)
A person participating in phase II may be eligible for additional funds
not to exceed $500.00 per semester or $400.00 per term up to a maximum of $2,000.00
subject to the following conditions:
(a) Credits are earned in a 4-year program at a Michigan degree-granting 4-year
college or university.
(b) The tuition reimbursement is for coursework completed within 30 months of
completion of the phase I requirements.
(8) (7)
The department shall work closely with participating institutions to
develop an application and eligibility determination process that will provide the
highest level of participation and ensure that all requirements of the program are
met.
(9) (8)
Applications for the tuition incentive program may be approved at any
time after the student begins the sixth grade. If a determination of financial
eligibility is made, that determination is valid as long as the student meets all
other program requirements and conditions.
(10) (9)
Each institution shall ensure that all known available restricted grants
for tuition and fees are used prior to billing the tuition incentive program for any
portion of a student's tuition and fees.
(11) (10)
The department shall ensure that the tuition incentive program is well
publicized and that eligible Medicaid clients are provided information on the program.
The department shall provide the necessary funding and staff to fully operate the
program.
Sec. 263. (1) Included in the appropriation in
section 236 for fiscal year 2015-
2016 2016-2017 for MSU AgBioResearch is
$2,982,900.00 and included in the
appropriation in section 236 for MSU Extension is $2,645,200.00 for Project GREEEN.
Project GREEEN is intended to address critical regulatory, food safety, economic, and
environmental problems faced by this state's plant-based agriculture, forestry, and
processing industries. "GREEEN" is an acronym for Generating Research and Extension to
Meet Environmental and Economic Needs.
(2) The department of agriculture and rural development and Michigan State
University, in consultation with agricultural commodity groups and other interested
parties, shall develop Project GREEEN and its program priorities.
Sec. 263a. (1) Not later than September 30 of each year, Michigan State
University shall submit a report on MSU AgBioResearch and MSU Extension to the house
and senate appropriations subcommittees on agriculture and on higher education, the
house and senate standing committees on agriculture, the house and senate fiscal
agencies, and the state budget director for the preceding academic fiscal year.
(2) The report required under subsection (1) shall include all of the following:
(a) Total funds expended by MSU AgBioResearch and by MSU Extension identified by
state, local, private, federal, and university fund sources.
(b) The metric goals that were used to evaluate the impacts of programs operated
by MSU Extension and MSU AgBioResearch. It is the
intent of the legislature that the
THE following metric goals will be used to evaluate the impacts of those programs:
(i) Increasing the number of agriculture and food-related firms collaborating
with and using services of research and extension faculty and staff by 3% per year.
(ii) Increasing the number of individuals utilizing MSU Extension's educational
services by 5% per year.
(iii) Increasing external funds generated in support of research and extension,
beyond state appropriations, by 10% over the amounts generated in the past 3 state
fiscal years.
(iv) Increasing the sector's total economic impact to at least
$100,000,000,000.00.
(v) Increasing Michigan's agricultural exports to at least $3,500,000,000.00.
(vi) Increasing jobs in the food and agriculture sector by 10%.
(vii) Improving access by Michigan consumers to healthy foods by 20%.
(c) A review of major programs within both MSU AgBioResearch and MSU Extension
with specific reference to accomplishments, impacts, and the metrics described in
subdivision (b), including a specific accounting of Project GREEEN expenditures and
the impact of those expenditures.
Sec. 264. Included in the appropriation in section
236 for fiscal year 2015-2016
2016-2017 for Michigan State University is $80,000.00 for the Michigan Future Farmers
of America Association. This $80,000.00 allocation shall not supplant any existing
support that Michigan State University provides to the Michigan Future Farmers of
America Association.
Sec. 265. (1) Payments under section 265a for performance funding shall only be
made to a public university that certifies to the state budget director by August 31,
2015 2016 that its board did not adopt an
increase in tuition and fee rates for
resident undergraduate students after September 1, 2014
2015 for the 2014-2015 2015-
2016 academic year and that its board will not adopt an increase in tuition and fee
rates for resident undergraduate students for the 2015-2016
2016-2017 academic year
that is greater than 3.2%. 4.8%. As used in this subsection:
(a) "Fee" means any board-authorized fee that will be paid by more than 1/2 of
all resident undergraduate students at least once during their enrollment at a public
university.,
AS DESCRIBED IN THE HIGHER EDUCATION INSTITUTIONAL DATA INVENTORY (HEIDI)
USER MANUAL. A university increasing a fee that applies to a specific subset of
students or courses shall provide sufficient information to prove that the increase
applied to that subset will not cause the increase in the average amount of board-
authorized total tuition and fees paid by resident
undergraduate students in the 2015-
2016 2016-2017 academic year to exceed the limit
established in this subsection.
(b) "Tuition and fee rate" means the
average of full-time rates for all PAID
BY A
MAJORITY OF STUDENTS IN EACH undergraduate classes CLASS based on
an UNWEIGHTED
average of the rates authorized by the university board and actually charged to
students, deducting any uniformly rebated or refunded amounts, for the 2 semesters
with the highest levels of full-time equated resident undergraduate enrollment during
the academic year.,
AS DESCRIBED IN THE HIGHER EDUCATION
INSTITUTIONAL DATA INVENTORY
(HEIDI) USER MANUAL.
(c) For purposes of subdivision (a), for a
public university that compels
resident undergraduate students to
be covered by health insurance as a condition to
enroll at the university,
"fee" includes the annual amount a student is charged for
coverage by the
university-affiliated group health insurance policy if he or she does
not provide proof that he or she is
otherwise covered by health insurance. This
subdivision does not apply to limited
subsets of resident undergraduate students to be
covered by health insurance for
specific reasons other than general enrollment at the
university.
(2) The state budget director shall implement uniform reporting requirements to
ensure that a public university receiving a payment under section 265a for performance
funding has satisfied the tuition restraint requirements of this section. The state
budget director shall have the sole authority to determine if a public university has
met the requirements of this section. Information reported by a public university to
the state budget director under this subsection shall also be reported to the house
and senate appropriations subcommittees on higher education and the house and senate
fiscal agencies.
Sec. 265a. (1) Appropriations to public universities in section 236 for fiscal
year 2015-2016 2016-2017 for
performance funding shall be paid only to a public
university that complies with section 265 and certifies to the state budget director,
the house and senate appropriations subcommittees on higher education, and the house
and senate fiscal agencies by August 31, 2015 2016 that it complies with all of the
following requirements:
(a) The university participates in reverse transfer agreements described in
section 286 with at least 3 Michigan community
colleges. or has made a good-faith
effort to enter into reverse
transfer agreements.
(b) The university does not and will not consider whether dual enrollment credits
earned by an incoming student were utilized towards his or her high school graduation
requirements when making a determination as to whether those credits may be used by
the student toward completion of a university degree or certificate program.
(c) The university ACTIVELY participates in AND SUBMITS TIMELY UPDATES TO the
Michigan Transfer Network created as part of the Michigan Association of Collegiate
Registrars and Admissions Officers transfer agreement.
(2) Any performance funding amounts under section 236 that are not paid to a
public university because it did not comply with 1 or more requirements under
subsection (1) are unappropriated and reappropriated for performance funding to those
public universities that meet the requirements under subsection (1), distributed in
proportion to their performance funding appropriation amounts under section 236.
(3) The state budget director shall report to the house and senate appropriations
subcommittees on higher education and the house and senate fiscal agencies by
September 30, 2015, 2016, regarding any performance funding amounts that are not paid
to a public university because it did not comply with 1 or more requirements under
subsection (1) and any reappropriation of funds under subsection (2).
(4) Performance funding amounts described in section 236 are distributed based on
the following formula:
(A) PROPORTIONAL TO EACH UNIVERSITY’S SHARE OF TOTAL OPERATIONS FUNDING
APPROPRIATED IN FISCAL YEAR 2010-2011, 50.0%.
(B) (a) Based on weighted undergraduate
completions in critical skills areas,
22.2%. 11.1%.
(C) (b) Based on research and development
expenditures, for universities
classified in Carnegie classifications as doctoral/research universities, research
universities (high research activity), or research universities (very high research
activity) only, 11.1%. 5.6%.
(D) (c)
Based on 6-year graduation rate, total degree completions, and
institutional support as a percentage of core expenditures, and the percentage of
students receiving Pell grants, scored against national Carnegie classification peers
and weighted by total undergraduate fiscal year
equated students, 66.7%. 33.3%.
(5) For purposes of determining the score of a university under subsection
(4)(c), (4)(D), each university is assigned 1 of
the following scores:
(a) A university classified as in the top 20%, a score of 3.
(b) A university classified as above national median, a score of 2.
(c) A university classified as improving, a
score of 2. It is the intent of the
legislature that, beginning in the
2016-2017 state fiscal year, a university
classified as improving is assigned
a score of 1.
(d) A university that is not included in subdivision (a), (b), or (c), a score of
0.
(6) For purposes of this section, "Carnegie classification" shall mean the basic
classification of the university according to the
most recent version of the Carnegie
classification of institutions of higher education PRIOR TO FEBRUARY 1, 2016,
published by the Carnegie Foundation for the Advancement of Teaching.
Sec. 267. All public universities shall submit the amount of tuition and fees
actually charged to a full-time resident
undergraduate student for academic year 2015-
2016 2016-2017 as part of their higher education
institutional data inventory (HEIDI)
data by August 31 of each year. A public university shall report any revisions for any
semester of the reported academic year 2015-2016
2016-2017 tuition and fee charges to
HEIDI within 15 days of being adopted.
Sec. 268. (1) For the fiscal year ending
September 30, 2016, it is the intent of
the legislature that funds be
allocated for unfunded North American Indian tuition
waiver costs incurred by public
universities under 1976 PA 174, MCL 390.1251 to
390.1253, from the general fund.
(1) (2)
By February 15 of each year, the department of civil rights shall
annually submit to the state budget director, the house and senate appropriations
subcommittees on higher education, and the house and senate fiscal agencies a report
on North American Indian tuition waivers for the preceding fiscal year that includes,
but is not limited to, all of the following
information for each postsecondary
institution PUBLIC
UNIVERSITY:
(a) The total number of waiver applications.
(b) The total number of waivers granted and the monetary value of each waiver.
(c) The number of students who withdraw from classes.
(d) The number of students who successfully complete a degree or certificate
program and the 6-year graduation rate.
(2) (3)
A public university that receives funds under section 236 shall provide
to the department of civil rights any information necessary for preparing the report
detailed in subsection (2). (1).
Sec. 269. For fiscal year 2015-2016 2016-2017, from the amount appropriated in
section 236 to Central Michigan University for operations, $29,700.00 shall be paid to
Saginaw Chippewa Tribal College for the costs of waiving tuition for North American
Indians under 1976 PA 174, MCL 390.1251 to 390.1253.
Sec. 270. For fiscal year 2015-2016 2016-2017, from the amount appropriated in
section 236 to Lake Superior State University for operations, $100,000.00 shall be
paid to Bay Mills Community College for the costs of waiving tuition for North
American Indians under 1976 PA 174, MCL 390.1251 to 390.1253.
Sec. 274c. By February 1, 2016 2017, each university receiving funds under
section 236 shall report to the senate and house appropriations subcommittees on
higher education, the senate and house fiscal agencies, and the state budget director
on its efforts to develop and implement sexual assault response training for the
university's title IX coordinator, campus law enforcement personnel, campus public
safety personnel, and any other campus personnel charged with responding to on-campus
incidents, including information on sexual assault response training materials and the
status of implementing sexual assault response training for campus personnel.
Sec. 275. (1) It is the intent of the
legislature that each EACH public
university that receives an appropriation in section 236 IS ENCOURAGED TO do all of
the following:
(a) Meet the provisions of section 5003 of the post-911 veterans educational
assistance act of 2008, 38 USC 3301 to 3324, including voluntary participation in the
yellow ribbon GI education enhancement program established in that act in 38 USC 3317.
By October 1 of each year, each
public university shall report to the house and senate
appropriations subcommittees on
higher education, the house and senate fiscal
agencies, and the presidents
council, state universities of Michigan on whether or not
it has chosen to participate in the
yellow ribbon GI education enhancement program. If
at any time during the fiscal year a
university participating in the yellow ribbon
program chooses to leave the yellow
ribbon program, it shall notify the house and
senate appropriations subcommittees
on higher education, the house and senate fiscal
agencies, and the presidents
council, state universities of Michigan.
(b) Establish an on-campus veterans' liaison to provide information and
assistance to all student veterans.
(c) Provide flexible enrollment application deadlines for all veterans.
(d) Include in its admission application process a specific question as to
whether an applicant for admission is a veteran, an active member of the military, a
member of the national guard or military reserves, or the spouse or dependent of a
veteran, active member of the military, or member of the national guard or military
reserves, in order to more quickly identify potential educational assistance available
to that applicant.
(e) Consider all veterans residents of this state for determining their tuition
rates and fees.
(f) Waive enrollment fees for all veterans.
(2) By October 1 of each year, each public university shall report to the house
and senate appropriations subcommittees on higher education, the house and senate
fiscal agencies, and the department of military and veterans affairs regarding
services provided specifically to veterans and active military duty personnel,
including, but not limited to, the services described in subsection (1).
(3) As used in this section, "veteran" means an honorably discharged veteran
entitled to educational assistance under the provisions of section 5003 of the post-
911 veterans educational assistance act of 2008, 38 USC 3301 to 3324.
Sec. 276. (1) Included in the appropriation
for fiscal year 2015-2016 2016-2017
for each public university in section 236 is funding for the Martin Luther King, Jr. -
Cesar Chavez - Rosa Parks future faculty program that is intended to increase the pool
of academically or economically disadvantaged candidates pursuing faculty teaching
careers in postsecondary education. Preference may not be given to applicants on the
basis of race, color, ethnicity, gender, or national origin. Institutions should
encourage applications from applicants who would otherwise not adequately be
represented in the graduate student and faculty populations. Each public university
shall apply the percentage change applicable to every public university in the
calculation of appropriations in section 236 to the amount of funds allocated to the
future faculty program.
(2) The program shall be administered by each public university in a manner
prescribed by the workforce development agency. The workforce development agency shall
use a good faith effort standard to evaluate whether a fellowship is in default.
Sec. 277. (1) Included in the appropriation
for fiscal year 2015-2016 2016-2017
for each public university in section 236 is funding for the Martin Luther King, Jr. -
Cesar Chavez - Rosa Parks college day program that is intended to introduce
academically or economically disadvantaged schoolchildren to the potential of a
college education. Preference may not be given to participants on the basis of race,
color, ethnicity, gender, or national origin. Public universities should encourage
participation from those who would otherwise not adequately be represented in the
student population.
(2) Individual program plans of each public university shall include a budget of
equal contributions from this program, the participating public university, the
participating school district, and the participating independent degree-granting
college. College day funds shall not be expended to cover indirect costs. Not more
than 20% of the university match shall be attributable to indirect costs. Each public
university shall apply the percentage change applicable to every public university in
the calculation of appropriations in section 236 to the amount of funds allocated to
the college day program.
(3) The program described in this section shall be administered by each public
university in a manner prescribed by the workforce development agency.
Sec. 278. (1) Included in section 236 for
fiscal year 2015-2016 2016-2017 is
funding for the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks select student
support services program for developing academically or economically disadvantaged
student retention programs for 4-year public and independent educational institutions
in this state. Preference may not be given to participants on the basis of race,
color, ethnicity, gender, or national origin. Institutions should encourage
participation from those who would otherwise not adequately be represented in the
student population.
(2) An award made under this program to any 1 institution shall not be greater
than $150,000.00, and the amount awarded shall be matched on a 70% state, 30% college
or university basis.
(3) The program described in this section shall be administered by the workforce
development agency.
Sec. 279.(1) Included in section 236 for
fiscal year 2015-2016 2016-2017 is
funding for the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks college/university
partnership program between 4-year public and independent colleges and universities
and public community colleges, which is intended to increase the number of
academically or economically disadvantaged students who transfer from community
colleges into baccalaureate programs. Preference may not be given to participants on
the basis of race, color, ethnicity, gender, or national origin. Institutions should
encourage participation from those who would otherwise not adequately be represented
in the transfer student population.
(2) The grants shall be made under the program described in this section to
Michigan public and independent colleges and universities. An award to any 1
institution shall not be greater than $150,000.00, and the amount awarded shall be
matched on a 70% state, 30% college or university basis.
(3) The program described in this section shall be administered by the workforce
development agency.
Sec. 280. (1) Included in the appropriation
for fiscal year 2015-2016 2016-2017
for each public university in section 236 is funding for the Martin Luther King, Jr. -
Cesar Chavez - Rosa Parks visiting professors program which is intended to increase
the number of instructors in the classroom to provide role models for academically or
economically disadvantaged students. Preference may not be given to participants on
the basis of race, color, ethnicity, gender, or national origin. Public universities
should encourage participation from those who would otherwise not adequately be
represented in the student population.
(2) The program described in this section shall be administered by the workforce
development agency.
Sec. 281. (1) Included in the appropriation
for fiscal year 2015-2016 2016-2017
in section 236 is funding under the Martin Luther King, Jr. - Cesar Chavez - Rosa
Parks initiative for the Morris Hood, Jr. educator development program which is
intended to increase the number of academically or economically disadvantaged students
who enroll in and complete K-12 teacher education programs at the baccalaureate level.
Preference may not be given to participants on the basis of race, color, ethnicity,
gender, or national origin. Institutions should encourage participation from those who
would otherwise not adequately be represented in the teacher education student
population.
(2) The program described in this section shall be administered by each state-
approved teacher education institution in a manner prescribed by the workforce
development agency.
(3) Approved teacher education institutions may and are encouraged to use student
support services funding in coordination with the Morris Hood, Jr. funding to achieve
the goals of the program described in this section.
Sec. 282. Each institution receiving funds for
fiscal year 2015-2016 2016-2017
under section 278, 279, or 281 shall notify the workforce development agency by April
15, 2016 2017
as to whether it will
expend by the end of its fiscal year the funds
received under section 278, 279, or 281. Notwithstanding the award limitations in
sections 278 and 279, the amount of funding reported as not being expended will be
reallocated to the institutions that intend to expend all funding received under
section 278, 279, or 281.
Sec. 283. (1) From the amount appropriated in section 236, the public
universities shall systematically inform Michigan high schools regarding the academic
status of students from each high school in a manner
prescribed by the Presidents
Council, State Universities of
Michigan MICHIGAN ASSOCIATION OF STATE UNIVERSITIES in
cooperation with the Michigan Association of Secondary School Principals. Public
universities shall also work with the center for educational performance and
information to maintain a systematic approach for accomplishing this task.
(2) Michigan high schools shall systematically inform the public universities
about the use of information received under this section in a manner prescribed by the
Michigan Association of Secondary School Principals
in cooperation with the Presidents
Council, State Universities of
Michigan MICHIGAN ASSOCIATION OF STATE UNIVERSITIES.
Sec. 284. From the amount appropriated in section 236, the public universities
shall inform Michigan community colleges regarding the academic status of community
college transfer students in a manner prescribed by
the Presidents Council, State
Universities of Michigan MICHIGAN
ASSOCIATION OF STATE UNIVERSITIES in cooperation
with the Michigan Community College Association. Public universities shall also work
with the center for educational performance and information to maintain a systematic
approach for accomplishing this task.
Sec. 290. By March 1 of each year, the presidents
council, state universities of
Michigan MICHIGAN
ASSOCIATION OF STATE UNIVERSITIES shall provide a listing of new
degree programs for which enrollment information will be reported to HEIDI under
sections 241 and 289, as well as a listing of degree programs that institutions of
higher education will no longer offer in subsequent academic years, to the house and
senate appropriations subcommittees on higher education, the house and senate fiscal
agencies, and the state budget director.
ARTICLE IV
SUMMARY OF APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
SEC. 298. (1) SUBJECT TO THE CONDITIONS SET FORTH IN THIS ACT, THE AMOUNTS LISTED
IN THIS SECTION FOR THE PUBLIC SCHOOLS, INTERMEDIATE SCHOOL DISTRICTS, COMMUNITY
COLLEGES AND PUBLIC UNIVERSITIES OF THIS STATE, AND CERTAIN OTHER STATE PURPOSES
RELATING TO EDUCATION ARE A SUMMARY OF APPROPRIATIONS CONTAINED IN THIS ACT FOR FISCAL
YEAR ENDING SEPTEMBER 30, 2017 AND ANTICIPATED APPROPRIATIONS FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 2018, FROM THE FUNDS INDICATED IN THIS ACT:
(2) SUMMARY OF EDUCATION OMNIBUS APPROPRIATIONS
GROSS APPROPRIATION...................................... $ 16,180,792,100 $ 16,093,139,500
TOTAL INTERDEPARTMENTAL GRANTS AND
INTRADEPARTMENTAL TRANSFERS........................... 0 0
ADJUSTED GROSS APPROPRIATION............................ $ 16,180,792,100 $ 16,093,139,500
TOTAL FEDERAL REVENUES.................................. 1,917,659,100 1,917,659,100
TOTAL LOCAL REVENUES.................................... 0 0
TOTAL PRIVATE REVENUES.................................. 0 0
TOTAL OTHER STATE RESTRICTED REVENUES................... 12,632,103,700 12,717,051,100
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 1,631,029,300 $ 1,458,429,300
SEC. 298A. (1) SUMMARY OF APPROPRIATIONS FOR SCHOOL AID (ARTICLE I)
APPROPRIATION SUMMARY
GROSS APPROPRIATION...................................... $ 14,183,112,100 $ 14,094,759,500
TOTAL INTERDEPARTMENTAL GRANTS AND
INTRADEPARTMENTAL TRANSFERS........................... 0 0
ADJUSTED GROSS APPROPRIATION............................ $ 14,183,112,100 $ 14,094,759,500
TOTAL FEDERAL REVENUES.................................. 1,818,632,700 1,818,632,700
TOTAL LOCAL REVENUES.................................... 0 0
TOTAL PRIVATE REVENUES.................................. 0 0
TOTAL OTHER STATE RESTRICTED REVENUES................... 12,134,479,400 12,218,726,800
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 230,000,000 $ 57,400,000
(2) BASIC OPERATIONS
PROPOSAL A OBLIGATION PAYMENT........................... $ 5,206,000,000 $ 5,124,000,000
DISCRETIONARY PAYMENT................................... 3,900,000,000 3,888,000,000
ISD GENERAL OPERATIONS.................................. 68,182,000 68,182,000
HOLD HARMLESS PROVISION................................. 18,000,000 18,000,000
DISTRICT DISSOLUTION TRANSITION COSTS................... 2,200,000 0
MICHIGAN PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM ..
REFORM COSTS........................................ 1,082,800,000 1,088,300,000
ISOLATED DISTRICT FUNDING............................... 5,000,000 5,000,000
CONSOLIDATION INNOVATION GRANTS......................... 5,000,000 0
GROSS APPROPRIATION..................................... $ 10,287,182,000 $ 10,191,482,000
APPROPRIATED FROM:
STATE RESTRICTED REVENUES............................... 10,105,720,200 10,160,167,700
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 181,461,800 $ 31,314,300
(3) SPECIAL EDUCATION
SPECIAL EDUCATION HEADLEE OBLIGATION.................... $ 644,500,000 $ 665,400,000
SPECIAL EDUCATION FOUNDATIONS........................... 271,600,000 279,300,000
SPECIAL EDUCATION HOLD HARMLESS PAYMENT................. 1,100,000 500,000
SPECIAL EDUCATION NON-SEC. 52 PAYMENT................... 3,700,000 3,700,000
SPECIAL EDUCATION RULE CHANGE........................... 2,200,000 2,200,000
SPECIAL EDUCATION COURT PLACED FTES..................... 10,500,000 10,500,000
MICHIGAN SCHOOLS FOR THE DEAF AND BLIND................. 1,688,000 1,688,000
SPECIAL EDUCATION MILLAGE EQUALIZATION.................. 37,758,100 37,758,100
SPECIAL EDUCATION FEDERAL PROGRAMS...................... 441,000,000 441,000,000
GROSS APPROPRIATION..................................... $ 1,414,046,100 $ 1,442,046,100
APPROPRIATED FROM:
FEDERAL REVENUES........................................ 441,000,000 441,000,000
STATE RESTRICTED REVENUES............................... 973,046,100 1,001,046,100
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 0 $ 0
(4) SUPPORT SERVICES
COURT-PLACED CHILDREN................................... $ 8,000,000 $ 8,000,000
JUVENILE DETENTION FACILITIES........................... 1,328,100 1,328,100
YOUTH CHALLENGE PROGRAM................................. 1,522,400 1,522,400
AT-RISK PROGRAM......................................... 378,988,200 378,988,200
CHILD AND ADOLESCENT HEALTH CENTERS..................... 5,557,300 5,557,300
HEARING AND VISION SCREENING............................ 5,150,000 5,150,000
MATH AND SCIENCE CENTERS................................ 8,474,300 8,474,300
BILINGUAL EDUCATION..................................... 1,200,000 1,200,000
STRICT DISCIPLINE ACADEMIES PUPIL TRANSFERS............. 500,000 0
THIRD GRADE READING INITIATIVE.......................... 23,900,000 23,900,000
CONDUCTIVE LEARNING CENTER STUDY........................ 150,000 0
FINANCIAL ANALYTICAL TOOLS.............................. 1,500,000 0
STATE SCHOOL REFORM OFFICE.............................. 5,000,000 10,200,000
SCHOOL WATER TESTING.................................... 9,000,000 9,000,000
SPECIAL EDUCATION TASKFORCE RECOMMENDATIONS............. 1,370,000 1,500,000
FLINT DECLARATION OF EMERGENCY.......................... 10,142,600 0
FEDERAL PROGRAMS........................................ 852,739,900 852,739,900
GROSS APPROPRIATION..................................... $ 1,314,522,800 $ 1,370,560,200
APPROPRIATED FROM:
FEDERAL REVENUES........................................ 857,989,200 857,989,200
STATE RESTRICTED REVENUES............................... 443,546,100 446,596,000
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 12,987,500 $ 2,975,000
(5) SCHOOL MEAL PROGRAMS
SCHOOL LUNCH............................................ $ 535,695,100 $ 535,695,100
SCHOOL BREAKFAST........................................ 2,500,000 2,500,000
GROSS APPROPRIATION..................................... $ 538,195,100 $ 538,195,100
APPROPRIATED FROM:
FEDERAL REVENUES........................................ 513,200,000 513,200,000
STATE RESTRICTED REVENUES............................... 24,995,100 24,995,100
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 0 $ 0
(6) EARLY CHILDHOOD EDUCATION
GREAT START READINESS PROGRAM........................... $ 243,900,000 $ 243,900,000
GREAT START EARLY CHILDHOOD BLOCK GRANTS................ 13,400,000 13,400,000
GROSS APPROPRIATION..................................... $ 257,300,000 $ 257,300,000
APPROPRIATED FROM:
STATE RESTRICTED REVENUES............................... 257,000,000 257,000,000
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 300,000 $ 300,000
(7) STUDENT ASSESSMENT AND ACCOUNTABILITY
CENTER FOR EDUCATIONAL PERFORMANCE AND INFORMATION...... 12,366,700 12,366,700
STUDENT ASSESSMENTS..................................... 40,144,400 40,144,400
DATA COLLECTION AND REPORTING COSTS..................... 38,000,500 38,000,500
EDUCATOR EVALUATIONS.................................... 10,000,000 10,000,000
GROSS APPROPRIATION..................................... $ 100,511,600 $ 100,511,600
APPROPRIATED FROM:
FEDERAL REVENUES........................................ 6,443,500 6,443,500
STATE RESTRICTED REVENUES............................... 81,894,900 81,894,900
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 12,173,200 $ 12,173,200
(8) TECHNOLOGY INITIATIVES
MICHIGAN VIRTUAL HIGH SCHOOL............................ $ 7,387,500 $ 7,387,500
FIRST ROBOTICS.......................................... 2,500,000 2,000,000
MISTEM COUNCIL.......................................... 2,050,000 0
GROSS APPROPRIATION..................................... $ 11,937,500 $ 9,387,500
APPROPRIATED FROM:
STATE RESTRICTED REVENUES............................... 2,500,000 2,000,000
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 9,437,500 $ 7,387,500
(9) COLLEGE AND CAREER READINESS
VOCATIONAL EDUCATION.................................... $ 36,611,300 $ 36,611,300
VOCATIONAL EDUCATION MILLAGE REIMBURSEMENT.............. 9,190,000 9,190,000
DUAL ENROLLMENT INCENTIVE............................... 1,750,000 0
ADVANCED PLACEMENT AND INTERNATIONAL BACCALAUREATE ..
TESTING............................................... 250,000 250,000
MICHIGAN COLLEGE ACCESS NETWORK......................... 3,050,000 3,000,000
CTE AND EARLY MIDDLE COLLEGE PROGRAMS................... 15,000,000 15,000,000
CTE EQUIPMENT........................................... 10,000,000 0
DETROIT PRECOLLEGE ENGINEERING PROGRAM.................. 340,000 0
GROSS APPROPRIATION..................................... $ 76,191,300 $ 64,051,300
APPROPRIATED FROM:
STATE RESTRICTED REVENUES............................... 62,551,300 60,801,300
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 13,640,000 $ 3,250,000
(10) ADULT EDUCATION
ADULT EDUCATION......................................... $ 25,000,000 $ 25,000,000
GROSS APPROPRIATION..................................... $ 25,000,000 $ 25,000,000
APPROPRIATED FROM:
STATE RESTRICTED REVENUES............................... 25,000,000 25,000,000
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 0 $ 0
(11) TRANSPORTATION SAFETY
BUS DRIVER SAFETY....................................... $ 1,625,000 $ 1,625,000
SCHOOL BUS INSPECTIONS.................................. 1,695,600 1,695,600
GROSS APPROPRIATION..................................... $ 3,320,600 $ 3,320,600
APPROPRIATED FROM:
STATE RESTRICTED REVENUES............................... 3,320,600 3,320,600
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 0 $ 0
(12) DEBT SERVICE AND OTHER REQUIRED PAYMENTS
SCHOOL BOND LOAN REDEMPTION FUND........................ 126,500,000 126,500,000
SCHOOL AID FUND BORROWING COSTS......................... 3,000,000 4,000,000
RENAISSANCE ZONE REIMBURSEMENT.......................... 20,000,000 20,000,000
PAYMENT IN LIEU OF TAXES REIMBURSEMENT.................. 4,405,100 4,405,100
PROMISE ZONE PAYMENTS................................... 1,000,000 1,000,000
GROSS APPROPRIATION..................................... $ 154,905,100 $ 155,905,100
APPROPRIATED FROM:
STATE RESTRICTED REVENUES............................... 154,905,100 155,905,100
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 0 $ 0
SEC. 298B. (1) SUMMARY OF APPROPRIATIONS FOR COMMUNITY COLLEGES (ARTICLE II)
APPROPRIATION SUMMARY
GROSS APPROPRIATION...................................... $ 399,025,600 $ 399,525,600
TOTAL INTERDEPARTMENTAL GRANTS AND
INTRADEPARTMENTAL TRANSFERS........................... 0 0
ADJUSTED GROSS APPROPRIATION............................ $ 399,025,600 $ 399,525,600
TOTAL FEDERAL REVENUES.................................. 0 0
TOTAL LOCAL REVENUES.................................... 0 0
TOTAL PRIVATE REVENUES.................................. 0 0
TOTAL OTHER STATE RESTRICTED REVENUES................... 260,414,800 260,914,800
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 138,610,800 $ 138,610,800
(2) OPERATIONS
(A) ALPENA COMMUNITY COLLEGE
OPERATIONS.............................................. $ 5,464,400 $ 5,627,100
PERFORMANCE FUNDING..................................... 162,700 0
GROSS APPROPRIATION..................................... $ 5,627,100 $ 5,627,100
(B) BAY DE NOC COMMUNITY COLLEGE
OPERATIONS.............................................. $ 5,490,200 $ 5,591,100
PERFORMANCE FUNDING..................................... 100,900 0
GROSS APPROPRIATION..................................... $ 5,591,100 $ 5,591,100
(C) DELTA COLLEGE
OPERATIONS.............................................. $ 14,704,000 $ 15,052,400
PERFORMANCE FUNDING..................................... 348,400 0
GROSS APPROPRIATION..................................... $ 15,052,400 $ 15,052,400
(D) GLEN OAKS COMMUNITY COLLEGE
OPERATIONS.............................................. $ 2,551,100 $ 2,596,700
PERFORMANCE FUNDING..................................... 45,600 0
GROSS APPROPRIATION..................................... $ 2,596,700 $ 2,596,700
(E) GOGEBIC COMMUNITY COLLEGE
OPERATIONS.............................................. $ 4,509,900 $ 4,626,900
PERFORMANCE FUNDING..................................... 117,000 0
GROSS APPROPRIATION..................................... $ 4,626,900 $ 4,626,900
(F) GRAND RAPIDS COMMUNITY COLLEGE
OPERATIONS.............................................. $ 18,187,300 $ 18,631,700
PERFORMANCE FUNDING..................................... 444,400 0
GROSS APPROPRIATION..................................... $ 18,631,700 $ 18,631,700
(G) HENRY FORD COMMUNITY COLLEGE
OPERATIONS.............................................. $ 21,893,300 $ 22,347,500
PERFORMANCE FUNDING..................................... 454,200 0
GROSS APPROPRIATION..................................... $ 22,347,500 $ 22,347,500
(H) JACKSON COMMUNITY COLLEGE
OPERATIONS.............................................. $ 12,245,300 $ 12,504,400
PERFORMANCE FUNDING..................................... 259,100 0
GROSS APPROPRIATION..................................... $ 12,504,400 $ 12,504,400
(I) KALAMAZOO VALLEY COMMUNITY COLLEGE
OPERATIONS.............................................. $ 12,689,400 $ 13,015,700
PERFORMANCE FUNDING..................................... 326,300 0
GROSS APPROPRIATION..................................... $ 13,015,700 $ 13,015,700
(J) KELLOGG COMMUNITY COLLEGE
OPERATIONS.............................................. $ 9,950,100 $ 10,159,800
PERFORMANCE FUNDING..................................... 209,700 0
GROSS APPROPRIATION..................................... $ 10,159,800 $ 10,159,800
(K) KIRTLAND COMMUNITY COLLEGE
OPERATIONS.............................................. $ 3,221,500 $ 3,303,300
PERFORMANCE FUNDING..................................... 81,800 0
GROSS APPROPRIATION..................................... $ 3,303,300 $ 3,303,300
(L) LAKE MICHIGAN COLLEGE
OPERATIONS.............................................. $ 5,417,700 $ 5,565,600
PERFORMANCE FUNDING..................................... 147,900 0
GROSS APPROPRIATION..................................... $ 5,565,600 $ 5,565,600
(M) LANSING COMMUNITY COLLEGE
OPERATIONS.............................................. $ 31,288,200 $ 31,915,300
PERFORMANCE FUNDING..................................... 627,100 0
GROSS APPROPRIATION..................................... $ 31,915,300 $ 31,915,300
(N) MACOMB COMMUNITY COLLEGE
OPERATIONS.............................................. $ 33,239,500 $ 33,900,200
PERFORMANCE FUNDING..................................... 660,700 0
GROSS APPROPRIATION..................................... $ 33,900,200 $ 33,900,200
(O) MID MICHIGAN COMMUNITY COLLEGE
OPERATIONS.............................................. $ 4,757,700 $ 4,917,300
PERFORMANCE FUNDING..................................... 159,600 0
GROSS APPROPRIATION..................................... $ 4,917,300 $ 4,917,300
(P) MONROE COUNTY COMMUNITY COLLEGE
OPERATIONS.............................................. $ 4,565,600 $ 4,679,100
PERFORMANCE FUNDING..................................... 113,500 0
GROSS APPROPRIATION..................................... $ 4,679,100 $ 4,679,100
(Q) MONTCALM COMMUNITY COLLEGE
OPERATIONS.............................................. $ 3,280,600 $ 3,404,000
PERFORMANCE FUNDING..................................... 123,400 0
GROSS APPROPRIATION..................................... $ 3,404,000 $ 3,404,000
(R) C. S. MOTT COMMUNITY COLLEGE
OPERATIONS.............................................. $ 15,901,700 $ 16,278,400
PERFORMANCE FUNDING..................................... 376,700 0
GROSS APPROPRIATION..................................... $ 16,278,400 $ 16,278,400
(S) MUSKEGON COMMUNITY COLLEGE
OPERATIONS.............................................. $ 9,020,700 $ 9,268,700
PERFORMANCE FUNDING..................................... 248,000 0
GROSS APPROPRIATION..................................... $ 9,268,700 $ 9,268,700
(T) NORTH CENTRAL MICHIGAN COLLEGE
OPERATIONS.............................................. $ 3,224,800 $ 3,345,100
PERFORMANCE FUNDING..................................... 120,300 0
GROSS APPROPRIATION..................................... $ 3,345,100 $ 3,345,100
(U) NORTHWESTERN MICHIGAN COLLEGE
OPERATIONS.............................................. $ 9,200,500 $ 9,410,000
PERFORMANCE FUNDING..................................... 209,500 0
GROSS APPROPRIATION..................................... $ 9,410,000 $ 9,410,000
(V) OAKLAND COMMUNITY COLLEGE
OPERATIONS.............................................. $ 21,429,400 $ 21,978,200
PERFORMANCE FUNDING..................................... 548,800 0
GROSS APPROPRIATION..................................... $ 21,978,200 $ 21,978,200
(W) SCHOOLCRAFT COLLEGE
OPERATIONS.............................................. $ 12,706,400 $ 13,057,800
PERFORMANCE FUNDING..................................... 351,400 0
GROSS APPROPRIATION..................................... $ 13,057,800 $ 13,057,800
(X) SOUTHWESTERN MICHIGAN COLLEGE
OPERATIONS.............................................. $ 6,657,600 $ 6,773,600
PERFORMANCE FUNDING..................................... 116,000 0
GROSS APPROPRIATION..................................... $ 6,773,600 $ 6,773,600
(Y) ST. CLAIR COUNTY COMMUNITY COLLEGE
OPERATIONS.............................................. $ 7,158,000 $ 7,337,100
PERFORMANCE FUNDING..................................... 179,100 0
GROSS APPROPRIATION..................................... $ 7,337,100 $ 7,337,100
(Z) WASHTENAW COMMUNITY COLLEGE
OPERATIONS.............................................. $ 13,301,100 $ 13,724,700
PERFORMANCE FUNDING..................................... 423,600 0
GROSS APPROPRIATION..................................... $ 13,724,700 $ 13,724,700
(AA) WAYNE COUNTY COMMUNITY COLLEGE
OPERATIONS.............................................. $ 16,989,800 $ 17,452,800
PERFORMANCE FUNDING..................................... 463,000 0
GROSS APPROPRIATION..................................... $ 17,452,800 $ 17,452,800
(BB) WEST SHORE COMMUNITY COLLEGE
OPERATIONS.............................................. $ 2,446,200 $ 2,527,500
PERFORMANCE FUNDING..................................... 81,300 0
GROSS APPROPRIATION..................................... $ 2,527,500 $ 2,527,500
(CC) OPERATIONS FUNDING SOURCES
GROSS APPROPRIATION..................................... $ 318,992,000 $ 318,992,000
APPROPRIATED FROM:
STATE SCHOOL AID FUND................................... 185,481,200 185,481,200
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 133,510,800 $ 133,510,800
(3) MICHIGAN PUBLIC SCHOOL EMPLOYEES RETIREMENT
SYSTEM (MPSERS)
MPSERS COST OFFSET...................................... $ 1,733,600 $ 1,733,600
MPSERS UAL CAP REIMBURSEMENT............................ 73,200,000 73,700,000
GROSS APPROPRIATION..................................... $ 74,933,600 $ 75,433,600
APPROPRIATED FROM:
STATE SCHOOL AID FUND................................... 74,933,600 75,433,600
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 0 $ 0
(4) RENAISSANCE ZONE REIMBURSEMENTS
RENAISSANCE ZONE REIMBURSEMENTS......................... $ 5,100,000 $ 5,100,000
GROSS APPROPRIATION..................................... $ 5,100,000 $ 5,100,000
APPROPRIATED FROM:
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 5,100,000 $ 5,100,000
SEC. 298C. (1) SUMMARY OF APPROPRIATIONS FOR UNIVERSITIES AND STUDENT FINANCIAL AID
(ARTICLE III)
APPROPRIATION SUMMARY
GROSS APPROPRIATION...................................... $ 1,598,654,400 $ 1,598,854,400
TOTAL INTERDEPARTMENTAL GRANTS AND
INTRADEPARTMENTAL TRANSFERS........................... 0 0
ADJUSTED GROSS APPROPRIATION............................ $ 1,598,654,400 $ 1,598,854,400
TOTAL FEDERAL REVENUES.................................. 99,026,400 99,026,400
TOTAL LOCAL REVENUES.................................... 0 0
TOTAL PRIVATE REVENUES.................................. 0 0
TOTAL OTHER STATE RESTRICTED REVENUES................... 237,209,500 237,409,500
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 1,262,418,500 $ 1,262,418,500
(2) UNIVERSITY OPERATIONS
(A) CENTRAL MICHIGAN UNIVERSITY
OPERATIONS.............................................. $ 81,127,100 $ 85,332,200
PERFORMANCE FUNDING..................................... 4,205,100 0
GROSS APPROPRIATION..................................... $ 85,332,200 $ 85,332,200
(B) EASTERN MICHIGAN UNIVERSITY
OPERATIONS.............................................. $ 71,782,500 $ 75,105,400
PERFORMANCE FUNDING..................................... 3,322,900 0
GROSS APPROPRIATION..................................... $ 75,105,400 $ 75,105,400
(C) FERRIS STATE UNIVERSITY
OPERATIONS.............................................. $ 50,369,800 $ 53,210,000
PERFORMANCE FUNDING..................................... 2,840,200 0
GROSS APPROPRIATION..................................... $ 53,210,000 $ 53,210,000
(D) GRAND VALLEY STATE UNIVERSITY
OPERATIONS.............................................. $ 65,275,700 $ 69,712,000
PERFORMANCE FUNDING..................................... 4,436,300 0
GROSS APPROPRIATION..................................... $ 69,712,000 $ 69,712,000
(E) LAKE SUPERIOR STATE UNIVERSITY
OPERATIONS.............................................. $ 13,207,400 $ 13,748,400
PERFORMANCE FUNDING..................................... 541,000 0
GROSS APPROPRIATION..................................... $ 13,748,400 $ 13,748,400
(F) MICHIGAN STATE UNIVERSITY
OPERATIONS.............................................. $ 268,770,700 $ 279,126,200
PERFORMANCE FUNDING..................................... 10,355,500 0
MSU AGBIORESEARCH....................................... 33,243,100 33,243,100
MSU EXTENSION........................................... 28,672,600 28,672,600
GROSS APPROPRIATION..................................... $ 341,041,900 $ 341,041,900
(G) MICHIGAN TECHNOLOGICAL UNIVERSITY
OPERATIONS.............................................. $ 46,754,700 $ 48,772,500
PERFORMANCE FUNDING..................................... 2,017,800 0
GROSS APPROPRIATION..................................... $ 48,772,500 $ 48,772,500
(H) NORTHERN MICHIGAN UNIVERSITY
OPERATIONS.............................................. $ 45,107,700 $ 46,868,000
PERFORMANCE FUNDING..................................... 1,760,300 0
GROSS APPROPRIATION..................................... $ 46,868,000 $ 46,868,000
(I) OAKLAND UNIVERSITY
OPERATIONS.............................................. $ 48,371,900 $ 51,300,200
PERFORMANCE FUNDING..................................... 2,928,300 0
GROSS APPROPRIATION..................................... $ 51,300,200 $ 51,300,200
(J) SAGINAW VALLEY STATE UNIVERSITY
OPERATIONS.............................................. $ 28,181,200 $ 29,582,900
PERFORMANCE FUNDING..................................... 1,401,700 0
GROSS APPROPRIATION..................................... $ 29,582,900 $ 29,582,900
(K) UNIVERSITY OF MICHIGAN - ANN ARBOR
OPERATIONS.............................................. $ 299,975,000 $ 312,693,500
PERFORMANCE FUNDING..................................... 12,718,500 0
GROSS APPROPRIATION..................................... $ 312,693,500 $ 312,693,500
(L) UNIVERSITY OF MICHIGAN – DEARBORN
OPERATIONS.............................................. $ 24,033,100 $ 25,190,500
PERFORMANCE FUNDING..................................... 1,157,400 0
GROSS APPROPRIATION..................................... $ 25,190,500 $ 25,190,500
(M) UNIVERSITY OF MICHIGAN – FLINT
OPERATIONS.............................................. $ 21,815,400 $ 22,918,300
PERFORMANCE FUNDING..................................... 1,102,900 0
GROSS APPROPRIATION..................................... $ 22,918,300 $ 22,918,300
(N) WAYNE STATE UNIVERSITY
OPERATIONS.............................................. $ 191,451,300 $ 198,082,800
PERFORMANCE FUNDING..................................... 6,631,500 0
GROSS APPROPRIATION..................................... $ 198,082,800 $ 198,082,800
(O) WESTERN MICHIGAN UNIVERSITY
OPERATIONS.............................................. $ 104,334,100 $ 108,702,100
PERFORMANCE FUNDING..................................... 4,368,000 0
GROSS APPROPRIATION..................................... $ 108,702,100 $ 108,702,100
(P) OPERATIONS FUNDING SOURCES
GROSS APPROPRIATION..................................... $ 1,482,260,700 $ 1,482,260,700
APPROPRIATED FROM:
STATE SCHOOL AID FUND................................... 231,219,500 231,219,500
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 1,251,041,200 $ 1,251,041,200
(3) MICHIGAN PUBLIC SCHOOL EMPLOYEES RETIREMENT
SYSTEM (MPSERS)
MPSERS UAL CAP REIMBURSEMENT............................ $ 5,890,000 $ 6,090,000
GROSS APPROPRIATION..................................... $ 5,890,000 $ 6,090,000
APPROPRIATED FROM:
STATE SCHOOL AID FUND................................... 5,890,000 6,090,000
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 0 $ 0
(4) STATE AND REGIONAL PROGRAMS
HIGHER EDUCATION DATABASE MODERNIZATION AND
CONVERSION.......................................... $ 200,000 $ 200,000
MIDWESTERN HIGHER EDUCATION COMPACT..................... 115,000 115,000
GROSS APPROPRIATION..................................... $ 315,000 $ 315,000
APPROPRIATED FROM:
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 315,000 $ 315,000
(5) MARTIN LUTHER KING, JR. – CESAR CHAVEZ – ROSA
PARKS PROGRAM.......................................
SELECT STUDENT SUPPORT SERVICES......................... $ 1,956,100 $ 1,956,100
MICHIGAN COLLEGE/UNIVERSITY PARTNERSHIP PROGRAM......... 586,800 586,800
MORRIS HOOD, JR. EDUCATOR DEVELOPMENT PROGRAM........... 148,600 148,600
GROSS APPROPRIATION..................................... $ 2,691,500 $ 2,691,500
APPROPRIATED FROM:
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 2,691,500 $ 2,691,500
(6) GRANTS AND FINANCIAL AID
STATE COMPETITIVE SCHOLARSHIPS.......................... $ 18,361,700 $ 18,361,700
TUITION GRANTS.......................................... 34,035,500 34,035,500
TUITION INCENTIVE PROGRAM............................... 50,500,000 50,500,000
CHILDREN OF VETERANS AND OFFICER’S SURVIVOR
TUITION GRANT PROGRAMS.............................. 1,400,000 1,400,000
PROJECT GEAR-UP......................................... 3,200,000 3,200,000
GROSS APPROPRIATION..................................... $ 107,497,200 $ 107,497,200
APPROPRIATED FROM:
UNITED STATES DEPARTMENT OF EDUCATION, OFFICE OF
ELEMENTARY AND SECONDARY EDUCATION, GEAR-UP PROGRAM... 3,200,000 3,200,000
SOCIAL SECURITY ACT, TEMPORARY ASSISTANCE FOR NEEDY
FAMILIES.............................................. 95,826,400 95,826,400
CONTRIBUTIONS TO CHILDREN OF VETERANS TUITION GRANT
PROGRAM............................................... 100,000 100,000
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 8,370,800 $ 8,370,800
Enacting section 1. (1) In accordance with section 30 of article I of the state
constitution of 1963, total state spending on school aid under article I as amended by
this amendatory act from state sources for fiscal year 2016-2017 is estimated at
$12,364,479,400.00 and state appropriations for school aid to be paid to local units
of government for fiscal year 2016-2017 are estimated at $12,212,368,600.00.
(2) In accordance with section 30 of article IX of the state constitution of
1963, total state spending from state sources for community colleges for fiscal year
2016-2017 under article II as amended by this amendatory act is estimated at
$399,025,600.00 and the amount of that state spending from state sources to be paid to
local units of government for fiscal year 2016-2017 is estimated at $399,025,600.00.
(3) In accordance with section 30 of article IX of the state constitution of
1963, total state spending from state sources for higher education for fiscal year
2016-2017 under article III as amended by this amendatory act is estimated at
$1,499,628,000.00 and the amount of that state spending from state sources to be paid
to local units of government for fiscal year 2016-2017 is estimated at $0.
Enacting Section 2. Sections 22i, 25e, 31c, 31h, 43, 99c, 104d, 166, 201a, 208,
210c, 212, 227, 228, 230a, 236a, 239a, 261, 271a, 274, 275a, and 293 of the state
school aid act of 1979, 1979 PA 94, 388.1622i, 388.1625e, 388.1631c, 388.1631h,
388.1643, 388.1699c, 388.1704d, 388.1766, 388.1801a, 388.1808, 388.1810c, 388.1812,
388.1827, 388.1828, 388.1830a, 388.1836a, 388.1839a, 388.1861, 388.1871a, 388.1874,
388.1875a, and 388.1893 are repealed effective October 1, 2016.