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.

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